Timelines for Unlawful Presence Waivers

When a person enters the U.S. illegally or overstays their visa, they may be barred from obtaining immigration benefits unless they are approved for an unlawful presence visa waiver. This is also known as a hardship waiver because applicants must demonstrate that forcing them to leave the country would cause exceptional hardship for a qualifying relative.

Unlawful presence waivers can be an excellent option for obtaining lawful permanent residence, but the application process can be slow and difficult. Before the COVID-19 pandemic hit, processing times for these waivers were around 4-6 months. However, that has since skyrocketed to 20-37 months. In addition, the requirements for eligibility can vary depending on your specific immigration circumstances, making the process confusing for many applicants.

If you or a loved one are considering requesting an unlawful presence waiver (Form I-601A), our team can help. Call Sverdloff Law Group today to learn more about eligibility and current processing times.