Visa Waiver Attorney In Charlotte, NC

Waivers of Inadmissibility Cases

Certain waivers are available to address a variety of inadmissibility issues. An individual may be inadmissible due to unlawful presence, fraud or misrepresentation, criminal record issues, or medical issues. If the waiver is approved, the applicant is no longer inadmissible for the issue that has been waived. It is possible to apply for a waiver of multiple grounds of inadmissibility on the same application. Depending upon the reason for the waiver, it may be necessary that the applicant prove that failure to approve the waiver would cause a qualifying U.S. citizen or LPR relative extreme hardship.

New Stateside Provisional Waiver (I-601A) - Expanded Effective 8-29-16

On March 4, 2013, USCIS began accepting applications for the stateside provisional waiver. Currently, individuals who entered the United States without a visa are ineligible to adjust status (become a permanent resident from within the U.S.) unless an I-130 or I-140 was filed on his or her behalf before April 30, 2001. Therefore, most people who entered without inspection are required to apply for an immigrant visa at a U.S. consulate.

Unfortunately, anyone who has been in the U.S. for more than 6 months without legal status becomes subject to an unlawful presence bar upon departure from the United States. The bar requires the individual to remain outside the U.S. for 3 or 10 years (10 years if present without legal status for 1+ years) before applying for an immigrant visa, unless granted an unlawful presence waiver.

Under the old process, individuals must first leave the U.S., apply for an immigrant visa at the consulate, and then submit a waiver application. He or she must then wait outside the U.S. until the waiver application is adjudicated (often a year or more). If the waiver is approved, the consulate will process the immigrant visa application. If denied, the applicant must remain outside the U.S. for the entire 3- or 10-year period.

The 2013 stateside provisional waiver allowed certain relatives of U.S. citizens to file a waiver application from within the U.S., and remain in the United States while USCIS adjudicates the application. If the provisional waiver is approved, the individual may then submit immigrant visa applications and schedule an interview at the consulate. So long as the consular officer approves the immigrant visa application, the applicant will then re-enter the United States as a permanent resident.

Extreme hardship requires proof that the hardship experienced by the qualifying relative would be different or more extreme than that experienced by other people in the same or similar situation. Each hardship case is different, and factors are determined by the qualifying relative's specific lifestyle and issues. These may include financial, emotional, medical, education, employment, and other factors.

Hardship waiver applications are extremely labor-intensive, require extensive documentation, and have a high evidentiary requirement. The Law Office of Kelli Y. Allen, PLLC will work with you to determine all possible relevant factors and present a comprehensive waiver application packet to maximize the chances of approval. Call (704) 870-0340 to schedule a consultation to determine whether you may benefit from the new stateside provisional waiver.