Irving Immigration Attorneys for Provisional Waivers

Dallas County Family Immigration Lawyers for Provisional Unlawful Presence Waivers

There are a variety of issues that can affect a person's ability to maintain legal immigration status in the United States. In some cases, a person who is currently living in the U.S. may wish to apply for adjustment of status and receive a green card, but they may be prohibited from doing so because of previous violations of immigration laws. However, some people in these situations may qualify for provisional waivers that will allow them to overcome certain issues that would make them inadmissible to the U.S., ensuring that they will be able to continue living together with their family members.

The eligibility requirements for provisional waivers and the procedures immigrants will need to follow in these cases can be complex. A skilled and experienced attorney can help immigrants submit the correct documents and take the proper steps to receive waivers and maintain legal status. At John W. Lawit, LLC, we assist with a wide variety of family-based immigration matters, working closely with our clients to help them address issues related to unlawful presence, inadmissibility, or bars to adjustment.

Eligibility for Provisional Waivers

There are certain situations where an immigrant may be considered inadmissible to the United States because they entered or remained in the country unlawfully. In general, if a person stayed in the U.S. unlawfully for at least 180 days, they will be barred from re-entering the country for three years, and a person who stayed in the United States for at least one year will be barred from re-entry for 10 years. However, those who are currently in the U.S. may be able to receive waivers of inadmissibility that will allow them to legally re-enter the United States and receive a green card.

A person who is at least 17 years old and who is physically present in the United States may apply for a provisional unlawful presence waiver. A person will usually need to have received approval for an immigrant visa as the relative of a U.S. citizen or lawful permanent resident, although other types of immigrants may also be eligible, including those who have received approval for employment-based immigrant visas or who were selected for the Diversity Visa Program. If a person is currently involved in removal proceedings, they will not be able to apply for a provisional waiver until the proceedings are administratively closed. Provisional waivers are generally not available once a final order of deportation or exclusion has been issued. However, exceptions may be available if a person submits an Application for Permission to Reapply for Admission into the United States After Deportation or Removal (Form I-212), as long as this application is approved before the person applies for a provisional waiver.

An applicant for a provisional waiver must show that being denied admission to the U.S. would cause extreme hardship for a spouse or parent who is a U.S citizen or green card holder. These waivers may only address inadmissibility due to unlawful presence in the United States, and any other grounds for inadmissibility, such as convictions for crimes of moral turpitude, will cause a person to be ineligible for a provisional waiver.

After receiving approval for a provisional waiver, an immigrant must leave the United States and seek re-entry. They will be required to attend an immigrant visa interview at a U.S. embassy or consulate. Once their visa is approved, they can travel to a port-of-entry and ask to be admitted to the U.S. After admission is granted, they will be eligible to apply for a green card.

Contact Our Coppell Provisional Waiver Attorneys

Obtaining legal authorization to continue living in the United States can sometimes be difficult if there are any issues that would make a person inadmissible. Our firm can help you determine whether you are eligible for a provisional unlawful presence waiver, and we can make sure you take the correct steps when applying for this type of waiver and submitting any related immigration documents. For legal help with these and other immigration issues, contact us today by calling 214-609-2242. We provide assistance with family-based immigration in Coppell, Euless, Grapevine, Arlington, Dallas County, Farmers Branch, Addison, Carrollton, Irving, Grand Prairie, and Bedford.