Unlawful Presence Waiver

Immigration Waiver Attorneys in North Carolina and California

United States citizens and lawful permanent residents may file family-based immigration petitions for spouses and children or those considered as immediate relatives. However, if these family members are in the country despite being undocumented, they must first obtain a waiver for their unlawful presence.

Our immigration waiver attorneys at Diener Law have represented numerous immigrants and understand the unique issues they are dealing with. Our knowledgeable and well-trained North Carolina immigration waiver attorneys will look into your specific situation and provide the legal help you need. Contact us today at 888-361-3349 for a free consultation.

Family-Based Immigration in Tustin, North Carolina

The American immigration system and immigration law practice can be pretty complex. Immigrants who wish to obtain citizenship often begin by getting a green card. While the naturalization interview and examination is still a distant dream, they usually start by applying to become lawful permanent residents. In any of these steps, it is crucial to get immigration advice.

The primary basis for legal immigrating to the United States is family-based immigration. Under current immigration policy, US citizens and lawful permanent residents (LPRs) can sponsor a family member for a visa that provides permanent residence. However, even if the concept of family sponsorship vis-a-vis a US green card application seems straightforward, immigration rules can be pretty confusing.

Contact our immigration waiver attorneys at Diener Law today if you have any clarifications on immigration forms necessary for unlawful presence waivers, the different types of US visas, or processing times for a naturalization application.

US Green Card Application and Family Immigration

The US Citizenship and Immigration Services (USCIS Office) deals with immigration issues and petitions of different sorts. Whatever immigration process you are going through, it is crucial to seek legal help from the right law firm. Some mistakes could lead to removal proceedings and deportation to one’s home country, so do not take your chances. 

Family immigration laws tend to be strict. You have to sufficiently provide evidence of your relationship with the foreign nationals that you are filing an immigration petition for. This, however, can be a lot more difficult if the family member is unlawfully residing in the county for several years after an entry without inspection.

A diligent North Carolina unlawful presence waiver lawyer can help make these things a lot less confusing. Contact us today at 888-361-3349 to know how we can help.

Definition of Unlawful Presence Waivers

In general, unlawful presence waivers allow foreigners who have overstayed their visas to remain in the country during the green card application process. Following the normal immigration process, undocumented immigrants leave the country before applying for permanent residency.

There are waivers, however, that may be available to undocumented immigrants who are immediate relatives of lawful permanent residents or citizens of the United States. A legal professional knowledgeable about the immigration service can explain to you the eligibility criteria, required paperwork, and processing times.

At Diener Law, our North Carolina immigration attorneys can help with visa applications, green card applications, unlawful presence waivers, and, eventually, US citizenship processing. 

Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Schedule a consultation today!

Proceeding with a Family-Based Petition in Tustin, NC

Countless immigration applications are processed by the United States Citizenship and Immigration Services. A dedicated immigration attorney in North Carolina can assist you with relevant USCIS forms. They can also give quality legal advice on the steps they must follow to sponsor a family member successfully. 

Step 1: Filing the Petition

To start the immigration process, the family member with US citizenship or lawful permanent resident status must mail a visa petition on USCIS Form I-130. With this immigration, forms are supporting documents showing that the family relationship is real.

Step 2: Waiting for the USCIS to Make a Decision

Once USCIS receives the petition, they will either approve or deny the request. If USCIS needs any additional information, it will mail the petitioner a Request for Further Evidence (RFE).

Step 3: Waiting for Visa Availability

Since there are annual limits on the number of green cards issued, alien relatives that are not considered “immediate” is not eligible for permanent residence right away. An immigrant will join a waiting list and wait before a visa is available, which can take years.

Step 4: Proceeding with a Visa Application (or Applying for a Green Card)

If the I-130 petition has been approved and a visa has become available, the immigrant then submits a green card application.

  • If the applicant is already in the United States, they must submit form I-485 (Application for Adjustment of Status) to the USCIS office. Such is crucial to change one’s immigration status to a lawful permanent resident after a visa number becomes available.
  • If the applicant is applying from their home country, USCIS will inform the petitioner if the visa petition is approved. It will then be sent to the Department of State’s National Visa Center, which will remain until an immigrant visa number is available. When an immigrant visa number becomes available to the beneficiary, they must go to the local US consulate to complete the immigration process. The NVC will guide the applicant on the steps required to obtain the appointment with the US consulate abroad.

The above process, however, will not be as straightforward if the one being petitioned is undocumented. A competent and compassionate unlawful presence waiver lawyer in North Carolina can provide the legal assistance that you need.

Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Schedule a consultation today!

Petitioning for Immediate Relatives

Whether you have US citizenship or permanent resident status, your family members’ visa application and green card process are generally the same. However, your immigration status will largely influence processing times for immigrant visas. Other relevant factors include your relationship and the home country of the family member you are petitioning.

The term ‘immediate relative’ pertains to a category based on a close family relationship with a United States citizen. One advantage is that there is no annual limit on the number of immigrant visas or green cards given to beneficiaries under this category each year. This means that once the USCIS approves the petition, qualified candidates do not have to wait for their priority date (visa availability).

Under this category are:

  • Spouses of United States citizens
  • Unmarried children under 21 years of age
  • Orphans adopted abroad
  • Orphans to be adopted in the US
  • Parents who are at least 21 years old

United States immigration gives maximum priority to those with spousal relations (husband or wife) and unmarried children in the above list. The remaining categories are deemed as lower priorities following the immigration process.

Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Schedule a consultation today!

An Overview of Family Preference Categories

This category pertains to specific, more distant family relationships with a US citizen. Also included are some specified relationships with a legal permanent resident. Under this category are subcategories, which have visas available limitations on family preference immigrants. In general, the higher the preference category, the shorter the wait time for an available visa.

The family preference categories are:

Family first preference (F1)

Unmarried sons and daughters of US citizens, their spouses, and their children;

Family second preference (F2)

Spouses, minor children over 21 of LPRs (F2A), and unmarried sons and daughters over 21 of LPRs (F2B)

Family third preference (F3)

Married sons and daughters of US citizens and their spouses and minor children

Family fourth preference (F4)

Brothers and sisters of US citizens and their spouses and minor children, provided that the citizens of the US are at least 21 years old.

Our immigration waiver attorneys at Diener Law can explain this in greater detail. Consult with a reliable unlawful presence waiver attorney in North Carolina today.

Immediate Relatives with Unlawful Presence

Under family immigration rules, undocumented immediate relatives in the United States must first obtain a waiver for their unlawful presence. To get a waiver, the foreign national must establish that denying the waiver would cause extreme hardship to the sponsoring US citizen or lawful permanent resident.

For many years, a provisional waiver was only available to immediate relatives of United States citizens. The close relatives of legal permanent residents who intend to seek an unlawful presence waiver must first take the riskier approach of leaving the country before knowing whether the waiver would be approved or not.

In 2016, however, USCIS expanded the provisional unlawful presence waiver process to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the US. This opened opportunities for a lot of undocumented aliens who were previously hesitant about filing a petition. A hard-working North Carolina unlawful presence waiver attorney can guide you throughout the entire legal process.

Applying for Immigration Waivers in the US 

Previously, immigrants seeking an unlawful presence waiver had to take considerable risk of returning to their home country before the waiver petition was decided. In case of a denial, they would no longer be able to re-enter the United States. Additionally, before March 2013, immigrants could only apply for their waivers and immigrant visa interviews at US embassies or consulates located abroad.

In 2013, however, the process became more accessible and safer for immediate relatives of United States citizens, who may now apply for a provisional waiver while in the country. In August 2016, the Department of Homeland Security (DHS) then expanded the eligibility for provisional unlawful presence waivers. It is now available to all eligible individuals for the unlawful presence waiver, particularly those who can establish extreme hardship to a US citizen or lawful permanent resident spouse or parent.

Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Schedule a consultation today!

Requirements and Eligibility

For an immigrant to be eligible to apply before departure (following the new provisional waiver process), they must meet the following requirements:

  • The applicant is at least 17 years old.
  • The applicant is physically present in the United States, mainly to provide their biometrics and personally file the waiver application.
  • The applicant is physically present in the United States, mainly so they can provide their biometrics and they can personally file the waiver application
  • The applicant must have paid the necessary immigrant visa processing fee
  • Form I-130 (Petition for Alien Relative) or a Form I-360 (Petition for Amerasian, Widow(er) or Special Immigrant) must be approved
  • The applicant can prove that being denied entrance into the United States could lead to extreme hardship to the US citizen
  • The applicant must have an immigrant visa case that is currently pending with the Department of State (DOS) for the approved immediate relative petition
  • The applicant must not have been scheduled for an immigrant visa interview conducted by DOS before January 3, 2013

If the waiver is granted, the foreign national will still have to return briefly to their home country and re-enter. However, this comes with the .knowledge that the waiver was provisionally approved.

Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Schedule a consultation today!

Consult Our North Carolina Immigration Waiver Attorneys 

Family-based immigration covers a lot of areas. The said visas are not the only kinds of family-member or marriage-based visas you can apply for when immigrating. Some could opt for a visitor visa, student visa, investor visa, work visa, or another employment-based visa, but note that there are certain limitations to these, especially if you are considering eventual permanent residence.

For questions on immigration laws, immigration visas, or even the green card process, give us a call at Diener Law. Contact our immigration law firm to get some of the best immigration waiver attorneys experienced with immigration policy. Our diligent and trusted North Carolina unlawful waiver attorneys will work hard to make sure that you get the best possible results.

Give us a call now or contact us online. We are here 24/7 to help. Consult our North Carolina immigration law firm today!

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