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Phoenix Immigration Waiver Attorneys

Unlawful Presence & Waivers

Unlawful presence is the period of time when you are in the United States without being admitted or paroled or when you are not in a “period of stay authorized by the Secretary.” You may be barred from reentering the United States for:

  • 3 years - if you depart the United States after having accrued more than 180 days but less than 1 year of unlawful presence during a single stay and before the commencement of removal proceedings on or after April 1, 1997;
  • 10 years - if you depart the United States after having accrued 1 year or more of unlawful presence during a single stay on or after April 1, 1997; or
  • Permanently - if you re-enter (or try to re-enter) the United States without being admitted or paroled after having accrued more than 1 year of unlawful presence in the aggregate during one or more stays in the United States.

Waivers of Inadmissibility

Whether an unlawful presence bar applies to you or not depends on the immigration benefit you are seeking. Depending on the immigration benefit you are seeking, the law may EXEMPT you from the bar.

If one or more of the unlawful presence bars applies to you, you generally cannot obtain a visa or an immigration benefit such as adjustment of status (Green Card) without first obtaining a waiver.

There are several types of waivers available for you:

Waiver I-192

Allows inadmissible non-immigrant aliens to apply for advance permission to temporarily enter the United States.

You can file this Waiver if you are a nonimmigrant who is inadmissible in one of the following categories:

  • Inadmissible nonimmigrant already in possession of appropriate documents;
  • Applicant for T nonimmigrant status (Form I-914); or
  • Petitioner for U nonimmigrant status (Form I-918).

If you are seeking T non immigrant status or U nonimmigrant status, and you are only inadmissible under INA section 212(a)(4) (public charge), you do NOT need to file this Waiver because you are EXEMPT from this ground of inadmissibility.

Waiver I-601

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.

If you are an immigrant and you are outside the United States, who have had a visa interview with a consular officer and during the interview you were found inadmissible; or you are an applicant for adjustment of status - you may file this 601 Waiver to obtain relief from the following grounds:

  • Health-related grounds of inadmissibility;
  • Certain criminal grounds of inadmissibility;
  • Immigration fraud and misrepresentation;
  • Immigrant membership in totalitarian party;
  • Alien smuggler;
  • Being subject to civil penalty or
  • The 3-year or 10-year bar due to previous unlawful presence in the United States

Waiver I-601A

Certain immigrants who are relatives of U.S. citizens (USC) or Lawful Permanent Residents (LPRs) may use this Provisional Waiver of the unlawful presence grounds of inadmissibility before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview. Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview. On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.

You may file this application to seek a provisional unlawful presence waiver if you:

  • Are physically present in the United States;
  • Are at least 17 years of age at the time of filing;
  • Have an immigrant visa case pending with Department of State (DOS)
  • Believe you are or will be inadmissible only for a period of unlawful presence in the United States that was:
    • More than 180 days, but less than 1 year, during a single stay; or
    • One year or more during a single stay

Waiver I-212

Application for Permission to Reapply for Admission into the United States After Deportation

You will need to file Form I-212 if you are inadmissible under INA section 212(a)(9)(A) because:

  • You either:
    • Were actually removed from the United States; or
    • Departed the United States on your own after being issued an order of removal; and
  • You seek admission or adjustment of status:
    • At any time, if you have been convicted of an aggravated felony; or
    • Before you have been outside the United States for a continuous period of:
      • 5 years, if you were removed as an arriving alien, but only once;
      • 10 years, if you were removed other than as an arriving alien, but only once; or
      • 20 years, if you were removed more than once, whether as an arriving alien or not.

The Phoenix immigration waiver attorneys at Maria Jones Law Firm can answer your questions about your waiver process and will assist you with all necessary paperwork. Call us today at (602) 603-4032 to obtain further details.

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