Accumulating illegal presence in the United States can have serious consequences for immigrants, including re-entry bans. However, there are legal procedures to apply for a waiver that can allow people to regularize their status and reunite with their families in the U.S. Here we explain the key steps to apply for this waiver and what you need to know to increase your chances of success.
What is illegal presence and what are its consequences?
Illegal presence refers to being in the United States without legal authorization. The consequences of accumulating illegal presence can be severe:
Less than 180 days: There is usually no penalty if you leave the country voluntarily.
Between 180 days and one year: A 3-year re-entry ban.
More than one year: A 10-year re-entry ban.
These bans can significantly complicate the lives of immigrants and their families, but there are exceptions and waivers available under certain conditions.
Who is eligible to apply for a waiver?
To apply for a waiver for unlawful presence, you must meet certain requirements:
Have an immediate relative who is a U.S. citizen or permanent resident: You must show that your absence would cause “extreme hardship” to your spouse or parents.
Be willing to return to your home country: The waiver application process usually requires you to return to your home country to complete consular processing.
No serious criminal record: Although each case is evaluated individually, serious crimes can make it difficult or impossible to obtain a waiver.
Application process
The process to apply for a waiver for unlawful presence includes several crucial steps:
Gather the necessary documentation: You must present evidence of your relationship with a U.S. citizen or permanent resident, evidence of “extreme hardship” that separation would cause, and other relevant personal and financial documents.
Complete Form I-601A: This is the specific form for the provisional waiver application for unlawful presence. Make sure to fill it out carefully and accurately.
Paying Fees: The process includes fees that must be paid at the time of filing. Check the current fees on the USCIS website.
Filing the Application: Once you have gathered all of your documents and completed the form, submit your application to USCIS. You can do so by mail or electronically, depending on the current instructions.
Waiting for a Response from USCIS: Processing times may vary. While you wait, be sure to respond to any requests for additional information from USCIS.
Consular Appointment in Your Home Country: If your application is approved, you will need to attend an appointment at the U.S. consulate in your home country to finalize the process.
Tips for a Successful Application
Legal Consultation: Consider hiring an immigration attorney to assist you with the process. Legal experience can significantly increase your chances of success.
Thorough Documentation: Make sure to provide all of the necessary documentation and more, if possible. The more evidence you can present, the better.
Personal testimonies: Statements from friends, family, and professionals who can testify about the impact of your separation are very valuable.
Conclusion
Applying for a waiver for accumulating unlawful presence in the United States can be a challenging process, but not impossible. With proper preparation and the necessary legal assistance, many immigrants have managed to regularize their status and reunite with their loved ones. If you believe you are eligible for this waiver, do not hesitate to begin the process as soon as possible.
For more information and personalized assistance, you can schedule your appointment on our website or by contacting us at the office.
