Dallas Provisional Waivers Lawyer

Family Immigration Lawyer in North Texas for Provisional Unlawful Presence Waivers

Immigrants who are currently living in the United States may encounter obstacles that block their path to achieving a lawful immigration status that will allow them to remain in the country permanently. If a person wishes to obtain a Green Card by requesting an Adjustment of Status, but they had previously violated immigration laws, they could be found to be inadmissible to the United States. Fortunately, certain individuals may be able to apply for provisional unlawful presence waivers and bypass the issues that are preventing their adjustment of status, and this may allow them and their loved ones to continue residing in the United States.

It can be difficult to understand the requirements and procedures that apply in provisional waiver applications. The Law Office of Jae Lee is here to help with these issues and other immigration concerns. Our experienced attorney is available to help with a multiple types of family immigration concerns, offering personalized guidance on how to address inadmissibility or any other obstacles that may prevent a person from receiving a Green Card. Once you contact our office, we can start working with you to make sure you can achieve a legal status as a lawful permanent resident of the U.S.

Who Is Eligible for a Provisional Waiver?

If an immigrant has entered the United States unlawfully or continued living in the U.S. without authorization, they may be deemed inadmissible for legal immigration. Generally speaking, a person who has stayed within the borders of the United States for 180 days or more without authorization will be prohibited from re-entry for three years. An individual who stayed longer than one year is excluded from re-entry to the U.S.A. for 10 years. Fortunately, immigrants still residing inside of the United States may qualify for waivers that will permit legal admission back into the country while also allowing them to become lawful permanent residents.

If a person is 17 or older and currently in the U.S., then a provisional waiver may be available in certain situations. Generally, these waivers are granted to those who have been approved for a visa as an immigrant after being sponsored by a family member who is an American citizen or Green Card holder. People who have been chosen for the Diversity Immigrant Visa Program and those who have received visas through sponsorship by an employer may also be eligible.

For those who are already in the midst of the deportation process, a provisional waiver application cannot be submitted until the deportation case has been closed administratively. Additionally, once a deportation order becomes final, a provisional waiver will usually no longer be an option. Nevertheless, if an immigrant receives approval after submitting Form I-212, an application to re-enter the U.S. after being deported, prior to applying for a provisional waiver, an exception may be granted.

A person who applies to receive a provisional waiver will need to prove that a deportation or the denial of admission would cause significant suffering for one or more immediate family members (including a spouse or parents) who are either American citizens or lawful permanent residents. A provisional waiver may cover inadmissibility that arises from entering or residing in the U.S. unlawfully. If a person is deemed inadmissible for other reasons, such as criminal convictions, they will generally not be eligible to receive a provisional waiver.

If a provisional waiver is granted, the person must travel abroad and be interviewed for a visa at the United States embassy or U.S. consulate in their country of origin. Once they receive approval for their immigrant visa, they will be able to return to the United States and apply to become a lawful permanent resident.

Contact Our Plano Provisional Waiver Attorney

If you are concerned about your ability to remain in the U.S., the Law Office of Jae Lee can provide guidance on whether you may qualify for relief through a provisional waiver. We will assist in preparing and submitting applications and related documents, and we will advocate on your behalf to help you demonstrate that your removal from the United States would cause extreme hardship for your family. Contact our firm today at 214-295-3014 to arrange a free consultation. We represent family members in immigration cases in Dallas, Fort Worth, Arlington, Plano, Carrollton, and throughout Northeastern Texas from our offices in Dallas and Plano.