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Unlawful Presence Waiver

Unlawful Presence Waiver Attorneys in Milwaukee, Wisconsin

Spouses, children, or individuals, considered immediate relatives of U.S. citizens or legal permanent residents might submit family-based immigration petitions. However, if these family members are in the country unlawfully, they must first acquire a waiver for their illegal stay.

Miller & Miller Immigration Lawyers, LLC is familiar with the challenges of staying in the country illegally. Our Wisconsin immigration attorneys will investigate your case and give you the legal assistance you need the most. For a free consultation, please get in touch with us here.

What is an Unlawful Presence Waiver?

The Illegal Immigrant Reform and Responsibility Act of 1996 created temporary bans on those illegally residing in the United States who left the country. These bans may last indefinitely. The act is intended to penalize individuals who remain in the United States illegally while protecting national security.

Nevertheless, there are numerous occasions where this standard is impossible and would have an unjustified, harmful impact on the concerned people’s lives. Waivers may be provided in the following situations.

Unlawful presence waiver allows you to stay in the United States while applying for a green card, even if you illegally or overstayed your visa. Unregistered immigrants are frequently forced to flee the country before seeking permanent status. As a result of their violations of immigration law, many of them have been banned from returning for years.

However, in some cases, the United States Citizenship and Immigration Services (USCIS) will renounce their power to deport you throughout the green card application process, allowing you to remain at home, at work, or with your family.

Waiver of Illegal Presence Qualifications

Provisional waivers are like amnesty offered to some illegal immigrants who are the parents or spouses of legal permanent residents or citizens of the United States. The waiver only applies to individuals who have been in the United States for numerous years without being inspected.

According to existing legislation, illegal immigrants who entered the United States without inspection must apply for a green card at a U.S. consulate overseas. Their undocumented entry or status violation prevents them from adjusting their status within the United States.

Before, if an undocumented person left the United States for consular processing, they were automatically subject to the 3- and 10-year bans and were ineligible to return to the United States unless requested and were granted an I-601 waiver at a consulate overseas.

Today, these family members can now remain in the United States and seek a pardon of illegal presence from within the country before departing. They can leave to attend a consular interview and return without being subjected to the bars and long wait times if they are authorized. It’s noteworthy that the pardon will only correct illegal entrance. 

If there is another basis of inadmissibility, such as a criminal conviction, fraud, or past deportation orders, re-entry will be delayed or rejected. 

I-601 Waiver Eligibility

Unlawful Presence Waiver Lawyer

For waiver eligibility, the applicant must show that their U.S. citizen or legal permanent resident spouse or parent would suffer “extreme hardship” if not permitted to return to the U.S after overseas vacation.

People who meet the following conditions are eligible for the program:

Present for Application Submission and Status Adjustment Interview

The person seeking the waiver is in the United States when the application is submitted and will remain here at least until a consular interview to amend the status is arranged.

Favorable History

The sole basis of inadmissibility that the waiver is intended to waive is illegal presence in the country. The waiver may be refused iif there is any other unfavorable record.

Beneficiary of an Approved I-130

The applicant must be the beneficiary of an accepted Petition for Alien Relative(I-130) filed by a U.S. citizen or legal permanent resident family member (spouse, wife, parent, child over 21, or sibling). The qualified relative must also show “extreme hardship.”

Beneficiary of an Approved I-140

The applicant must be the beneficiary of an employer-filed Immigrant Petition for a Alien Worker ( I-140)  that has been granted.

No Final Order of Deportation Present

Similarly, the applicant must not be subject to a final deportation order. If deportation proceedings are still undecided or have previously been canceled or administratively concluded, one may request a waiver.

Extreme Hardships

Extreme hardship varies for each application  and is not defined by law. In general, USCIS is searching for one or more of the following:

  • The qualifying relative cannot move abroad due to a severe medical condition.
  • The qualifying relative would be unable to work overseas and would lose all benefits and suffer financially.
  • The qualifying relative has a major medical issue and cannot travel abroad and cannot be left alone.
  • The qualifying relative is caring for others in the U.S. (such as aging parents or minor children).
  • The qualifying relative will not be able to continue their education.
  • Other hardship factors.

That is why it’s essential to get an experienced immigration waiver attorney on your side. Call Miller & Miller Immigration Lawyers, LLC today to discuss your situation and get assistance in applying for a waiver! 

How do I sponsor a relative?

Every year, USCIS processes numerous immigration applications. Wisconsin lawyers specializing in unlawful presence waivers can assist you with completing the necessary USCIS documents. They can also provide high-quality legal guidance on the processes required to sponsor a family member correctly.

Filing the Petition

To start the immigration process, the family member who holds U.S. citizenship or legal permanent resident status must submit a visa petition on USCIS Form I-130 to the USCIS. Forms are required for this type of immigration since they demonstrate that the familial link is lawful.

Waiting for the USCIS to Make a Decision

Once the USCIS has received the petition, they will approve or reject the request. USCIS will send the petitioner a Request for Further Evidence (RFE) if the petitioner needs additional information.

Waiting for Visa Availability

Because there are yearly limits on the number of green cards granted, immigrant relatives who are not considered immediate relatives will not be eligible for permanent residency straight away unless specific criteria are met. An immigrant will be placed on a waiting list and will have to wait for a visa to become available, which may take years.

Proceeding With a Visa Application (or Applying for a Green Card)

Once the I-130 petition is approved and a visa becomes available, the immigrant can apply for a green card. In due course:

  • The form I-485 (Application for Adjustment of Status) must be submitted to the USCIS office if the applicant is already in the U.S during the application. Such is vital to change one’s immigration status to a lawful permanent resident after a visa number becomes available.
  • USCIS will advise the petitioner if the applicant is applying from their native country and approve the visa petition. It will then be forwarded to the Department of State’s National Visa Center, where it will remain until an immigrant visa number is made available to the applicant.
  • Once an immigrant visa number becomes available to the beneficiary, they must proceed to the nearest United States consulate to finalize their immigration. The National Visa Center will notify the applicant of the procedures to arrange an appointment with the United States Consulate in another country.

However, if the petitioning person is undocumented, the process outlined above will be more difficult to complete. Unlawful presence waiver attorneys in Wisconsin who are both competent and reliable can offer you the legal assistance you need. 

What do I need to know about my Form I-601A approval?

All Form I-601A applications will be reviewed by the USCIS National Benefits Center. Having an unlawful presence waiver application pending or having one approved will not:
  • Grant you any advantage or protection from being removed from the United States.
  • Allow you to apply for interim immigration benefits such as work authorization or advance parole.
  • Guarantee you will be issued an immigrant visa.
  • Guarantee your admission into the United States by U.S. Customs and Border Protection.
  • Give you a legal immigration status.
  • Change the requirement that you must depart the United States to obtain an immigrant visa. (USCIS may reopen or reconsider its decision on Form I-601A at any time.)

What should I keep in mind when I get an immigration waiver?

You should keep in mind that if you violate any of the following conditions below, your unlawful presence waiver will be canceled automatically.

  • DOS ends the immigrant visa application process.
  • USCIS revokes the underlying approved immigrant visa petition (Form I-130 or Form I-360).
  • The consular officer at the U.S. embassy or consulate determines that you are inadmissible on the grounds of inadmissibility other than unlawful presence.
  • You reenter or attempt to reenter the United States without being inspected and admitted or paroled before or after your provisional unlawful presence waiver is approved or before your immigrant visa is issued.

Get in Touch with a Milwaukee Immigration Waiver Attorney Today!

Call us at Miller & Miller Immigration Lawyers, LLC if you have any inquiries about immigration rules, immigration visas, or even the green card application process. Contact our Wisconsin immigration attorneys to be connected with some of the most outstanding unlawful presence waiver attorneys who are well-versed about immigration law. Our Milwaukee immigration waiver attorneys will put out their best efforts to ensure that you receive the best possible outcome. Give us a call right away. 

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