Individuals may be excluded from admission into the United States based on a number of reasons. However, such excluded individuals may apply for a waiver to enter the United States. Inadmissibility reasons include those based on:
- Immigration violations
- Criminal violations
- Security concerns
- Health-related reasons
Inadmissibility based on immigration violations could be related to immigration fraud, alien smuggling, or unlawful presence. There are three (3) year, ten (10), and permanent bars on admission to the U.S. for immigration violations. A common immigration-related waiver is based on unlawful presence in the United States.
Individuals who have been unlawfully in the United States for a continuous period of more than 180 days, but less than one year, who voluntarily leave the country are subject to a 3-year bar to reentry. Individuals who have been unlawfully present in the United States for a combined period of one year or more and voluntarily leave the country are subject to a ten-year bar to reentry.
Provisional Unlawful Presence Waiver
Many family members of U.S. citizens and Lawful Permanent Residents are in the United States. without legal status, while they await family-based visa processing. However, to apply for an immigrant visa, these family members must generally leave the United States for a consular interview in their home country.
The provisional unlawful presence waiver process allows individuals who are eligible for an immigrant visa to apply for a waiver in the United States before they leave the country for their visa interview. To be eligible for a provisional unlawful presence waiver, an applicant must be physically present in the United States and be in the process of obtaining his or her immigrant visa.
If you have any questions about unlawful presence waivers for relatives of U.S. citizens or Lawful Permanent Residents, contact the Law Office of Nita Kundanmal today. We handle all aspects of family and employment immigration law New Jersey, New York and throughout the United States.