Waivers for Unlawful US Presence

I have already begun receiving calls regarding the announcement on January 6th, regarding the implementation of a new program that will be available to immediate relatives of US citizens that are unlawfully present in the U.S.  Here is a brief synopsis of the program that will be implemented later this year.

First, the program will only be available to immediate relatives of US citizens that are here unlawfully in the U.S. It will encompass both spouses and parents. The program will not be open to immediate relatives of Legal Permanent Residents at this time.

Secondly, you will still have to file and prove to the USCIS , that you as the alien, will suffer “extreme hardship” if you are barred from being with your family member for 3 to 10 years. I recommend not trying to prepare the waiver by yourself, and to only use a skilled immigration attorney to layout the factual and legal basis for your waiver.

Thirdly, if the hardship waiver is granted due to your unlawful presence in the US, you will still have to return to your home country to undergo a formal interview for your visa. At the interview, the consular officer will apply the waiver to your petition, so that you will then admissible to the US. If there are other grounds of inadmissibility, other than unlawful US presence, then additional waivers may be required.

I will update this blog when the finalized version of the program is detailed

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