When undocumented immigrants who did not lawfully enter the United States marry U.S. citizens, they can apply for their green cards (permanent residency). But, normally, they have to leave the United States and apply for residency through a U.S. consulate. This can cause problems when applicants have stayed in the U.S. for more than one year prior to returning to their countries of origin. Criminal or immigration violations can also cause problems and can result in findings of inadmissibility by the U.S. Government.
In many of these instances, waivers of inadmissibility exist that can overcome admissibility hurdles. These waivers are typically filed with the particular U.S. consulate that schedules the interview and/or issues the finding of inadmissibility.
If you are considering leaving the country in order to apply for your green card, working with an attorney to identify all of the hazards, and all of the potential solutions, is of the utmost importance. A waiver of inadmissibility may be necessary in your case, and skilled preparation of the waiver is often much more important than filing the petition or the application. We can help.
Receiving the right advice from qualified immigration lawyers can make all of the difference. At the Green Evans-Schroeder, we are focused on keeping families together, and if we believe that applying for an immigration benefit is the wrong thing to do, we will give you the honest truth, which may be the best advice you ever receive.
If you are dealing with any of these issues, we are here to help.
With more than a decade of experience, there is no immigration issue for which our team and attorney at the Tucson, Arizona, Green Evans-Schroeder are not prepared. We strongly encourage you to reach out as soon as possible to schedule an initial consultation.
To schedule an initial consultation to discuss any immigration issue with our Tucson consular waivers lawyer, call us today.
You may need a consular waiver if you are applying for permanent residency from outside the U.S. and the government finds you “inadmissible.” Common reasons for inadmissibility include accruing more than 180 days of unlawful presence in the U.S., having certain criminal convictions, or previous immigration violations.
If you entered the U.S. without inspection (unlawfully), you are typically required to leave the country to attend your green card interview at a U.S. consulate. This process, known as consular processing, is what can trigger inadmissibility bars and the need for a waiver.
Leaving the U.S. after accruing one year or more of unlawful presence can trigger a 10-year bar to re-entry. A waiver of inadmissibility is required to overcome this bar so you can lawfully return to the United States as a permanent resident. This is a significant risk, and it is critical to seek legal advice before traveling.
The purpose of a waiver is to demonstrate to the U.S. government that your qualifying U.S. citizen or permanent resident relative (such as a spouse or parent) would suffer “extreme hardship” if you were not allowed to return to the United States. A successfully approved waiver overcomes the inadmissibility finding.
An experienced immigration attorney can analyze your complete immigration and criminal history to identify potential grounds of inadmissibility. If you are preparing for consular processing, consulting with a lawyer is crucial to determine if a waiver will be necessary and to prepare a strong application in advance.
In some cases, you may be eligible to file a provisional unlawful presence waiver (Form I-601A) while still in the United States, before you leave for your consular interview. This allows you to get a decision on the waiver before departing, reducing the time you are separated from your family. An attorney can determine if you qualify for this process.
A waiver denial can have severe consequences, potentially leaving you unable to return to the U.S. for many years. While there may be options to appeal or re-file, the best strategy is to submit a thoroughly prepared and compelling application from the start. This is why professional legal assistance is so vital.
Green Evans-Schroeder is conveniently located in Tucson and services clients throughout the area. If you would like more information or wish to schedule a consultation, please call us at either of our two office locations. Se habla Español.
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