Entering the United States unlawfully could make securing a green card more difficult, but it is not always impossible. In cases where removing an immigrant would cause extreme hardship for their family members in the United States, the federal government has adopted a program that waives the penalties for unlawful presence in the country. This gives you the chance to remain in the United States and continue your pursuit of a green card.
If you have an active immigration case and family members in the United States who rely on you, guidance from our dedicated family immigration attorneys about provisional waivers in Union City might be exactly what you need.
A provisional waiver, also known as a stateside waiver or I-601(a) waiver, is a special form of relief available to certain Union City immigrants who entered the United States unlawfully. If you entered the country without legal status but later became eligible for permanent residence through a family member, a waiver could shield you from removal and allow you to pursue your immigration case.
Usually, if you enter unlawfully, you must leave the country and attend your visa interview abroad. However, doing so often triggers a bar from reentering the country, which could last three to ten years. The provisional waiver removes this penalty. By applying for the waiver while still inside the United States, you would request forgiveness for your unlawful entry before you attend your consular interview abroad.
This process allows families to remain together and reduces the risk of extended separation. If approved, you could depart the United States knowing your unlawful presence status has been removed and then pursue your application to become a lawful permanent resident. While the waiver does not guarantee a green card, it is an important step for many families navigating the complex immigration system.
Not everyone in Union City is eligible for a stateside waiver. Most importantly, you must be physically present in the United States to apply for a waiver. This option is not available to you if you are outside the country, whether you left voluntarily or were removed by the federal government.
You must also be at least seventeen years old and have an approved immigrant visa petition with the Department of State. In addition, you must pay the immigrant Department of State visa processing fee in full. Finally, you must meet the mandatory family requirements since waiver applications are only granted if you have a parent or spouse who is a U.S. citizen or lawful permanent resident. It is not enough to simply have a family member living in this country, and you may also need to show that your removal would cause extreme hardship for your loved one.
Applying for the waiver starts with filing Form I-601A. This requests the waiver and includes information detailing your family relationship with a U.S. citizen or permanent resident. It also highlights why your removal would cause hardship for your loved ones.
If you entered the United States unlawfully, your path to citizenship may not be permanently closed. You have the opportunity to apply for a waiver and pursue your immigration visa.
You do not have to go through the process of seeking provisional waivers in Union City alone. The attorneys at the Law Office of Lloyd E. Bennett Esq., P.C. are here to provide the support and guidance you need. Contact us today for a private consultation to discuss your next steps.
(201) 330-8883