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Provisional Waivers in Charlotte

A law firm you can rely on to empower you.

The process of obtaining a visa to the United States involves a substantial amount of time and effort, whether it is for yourself or a family member. Besides the stacks of paperwork and supporting documents, everyone must attend an in-person interview with a Consular officer. Sometimes this interview is conducted at an Embassy or Consulate in your home country, which creates a predicament where your family member may be prohibited from obtaining the visa because they have exceeded their unlawful presence time.

Thankfully, United States immigration law allows for some visa applicants to apply for a provisional unlawful presence waiver so they can leave the country, attend the interview, and return with a brand-new visa. The experienced team of lawyers at the Sussman Law Firm could help you and your family obtain these provisional waivers in Charlotte.

The Need for a Waiver

If you are a citizen of the United States or a lawful permanent resident, also called a Green Card holder, then you likely have a strong desire to bring your spouse, children, parents, or siblings over to live with you. They may have been over several times to visit or provide support. Although they may have entered the country legally, they are only authorized to stay for a certain amount of time, and overstaying, even for a day, is called unlawful presence. It is easy to lose track of time, but it could have significant consequences if they want to get an immigrant visa.

Having a total of more than 180 days of unlawful presence is grounds for deportation and a three-year ban on obtaining a visa. The ban increases to 10 years if the total unlawful presence time is more than one year. Many families face the dilemma of needing to leave the United States to attend their in-person interview for their visa but accumulating more than 180 days of unlawful presence and being inadmissible for the visa.

This is where the waiver comes into play, it basically asks the United States Citizenship and Immigration Services (USCIS) to forgive the applicant’s days of unlawful presence. It allows immigrants who are otherwise eligible for a visa based on their family relationship to complete the process and return to the country.

This is a very important step and could result in a denial of entry to the United States if it is not done properly. A knowledgeable lawyer could help families in Charlotte apply for a provisional unlawful presence waiver as part of their visa application process and not miss this step.

Eligible Visa Applicants

In general, immigrant visa applicants are eligible to apply for a waiver if they have a certain family relationship with a citizen of the United States or lawful resident. This could include immediate family like spouses, minor children and parents. Family preference visa applicants such as siblings and adult children may also be able to apply.

Regardless of the type of visa, anybody seeking a waiver must also be present in the United States to file to application, be at least 17 years old, show that they would be inadmissible only because of their total unlawful presence, and show that being unable to return to the country would cause extreme hardship to their sponsoring family member, or other citizen or lawful resident in the family.

The “extreme hardship” part is vague and there is no exact definition. The USCIS could take health, financial situations, education, family history, and religion into consideration in its determination. This is very specific to each family and often requires evidence to support the statement. A skilled attorney could provide guidance and advice to Charlotte families seeking a waiver of unlawful presence.

Contact a Charlotte Attorney for Help With Provisional Waivers

The purpose of the waiver is to shorten the length of time that families are separated if they must leave the country. If you believe your family is eligible for provisional waivers in Charlotte, the Sussman Law Firm could help you.

A devoted immigration lawyer could provide guidance throughout the process so nothing is missed, and your family can be together. Call to schedule an appointment with an immigration attorney.

Charlotte Family & Divorce Lawyers and Immigration Attorneys

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