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Who is Eligible to Apply for the Unlawful Presence Waiver?

Who is Eligible to Apply for the Unlawful Presence Waiver?


When someone is in the United States unlawfully, they may be removed from the country. The most common reason for unlawful presence occurs when a person stays in the U.S. after their visa expires. There are other reasons why you could be deemed inadmissible or unlawfully present in the U.S. To remain in the country, you will need to apply for an Unlawful Presence Waiver through the United States Citizenship and Immigration Services (USCIS).  A knowledgeable immigration attorney will help guide you through the process. 

What is Unlawful Presence?

Unlawful presence or inadmissibility is the period of time that you are in the country without authorization. If you are found inadmissible, you could be barred from entering the United States for a period of time. You accrue unlawful presence time when you are in the U.S. without proper authorization. If you accrue 180 days of unlawful presence, you will be ineligible to return to the United States for 3 years. If you accrue more than one year of unlawful presence during a single stay and are removed, you are not eligible to return for at least 10 years. There are additional circumstances that could make you ineligible to return at all. 

What is an Unlawful Presence Waiver?

If you are in the U.S. unlawfully, you will need to resolve the matter as quickly as possible. An unlawful presence waiver, also called a hardship waiver, allows a person to remain in the United States. It waives an unlawful presence and allows you to stay in the country. Without a waiver or some other resolution to unlawful presence, you will face possible removal. Only those in certain circumstances are eligible to apply for an unlawful presence waiver. The process can be different depending on your unique situation. Therefore, it is helpful to seek guidance from a knowledgeable immigration attorney

Eligibility for an Unlawful Presence Waiver

There are different eligibility requirements to request an unlawful presence waiver depending on your circumstances and why you are unlawfully present in the U.S. In general, to apply for an unlawful presence waiver, you will need to be approved for an immediate relative petition (Form I-130, Form I-360), be the immediate relative of a United States citizen or lawful permanent resident (LPR), or prove exceptional hardship of a qualifying relative. 

To seek an unlawful presence waiver, you will need to ensure that you meet the requirements. If so, you can fill out and submit the proper form (I-601) to the USCIS. It is imperative that you request a waiver as soon as possible to ensure that you have the necessary time to obtain it. The USCIS will review and process your request and determine whether they will provide you with a waiver. 

If you are facing time in the United States that could count as unlawful presence, you need to take action. You can get the help you need from our immigration attorneys at Sverdloff Law Group at (312) 238-9090 today. 


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