- Category: Consular Processing
Unlawful Presence Waivers
Any foreign National who has resided in the U.S. for more than 180 days without status and then leaves the U.S., must apply for a waiver of unlawful presence. This requirement applies whether the person entered the U.S. with a visa and then overstayed or entered without inspection, i.e. illegally. The waiver must be approved before the consulate will issue a visa. Persons who were brought to the U.S. illegally before the age of 18, are also required to seek a waiver, if they remained in the U.S. more than 180 days past their 18th birthday. In order for the waiver to be approved applicants must demonstrate that that their spouse or parent who is a U.S. citizen or lawful permanent resident will suffer extreme hardship if the foreign national is not allowed to return to the U.S. For persons wh have resided unlawfully in the U.S. for more than one year, if the waiver is not approved, they must remain outside the U.S. for 10 years before they will be allowed to apply again for a visa. Unlawful presence waivers are not generally available in the U.S.
If you believe you may a need a waiver of unlawful presence in order to return to the U.S, contact the law offices of Eaton and Associates today for a free consultation. First, we will determine if a waiver of unlawful presence is required and if you meet the eligibility requirements to file for one. If a waiver is required and you decide to go forward with the application, we will consult with you at every step of the process and prepare the required forms and supporting documentation for your waiver packet. We will meet with you and your family members and thoroughly analyze your case and advise you about what documentation and evidence would be beneficial to a favorable result to your waiver application. We will make sure that you understand the process and know what to expect when you appear at you waiver appointment.