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Provisional Unlawful Presence Waiver Attorney in York

Helping You Become a Permanent Resident As Soon As Possible

If your goal is to obtain permanent resident status (i.e. green card), you generally have two options: (1) adjust your status from within the U.S. or (2) return to your country of origin to process your immigrant visa at a U.S. Consulate.

The first step in obtaining your residency is having a U.S. citizen qualifying relative to petition for you. If you entered lawfully, your U.S. citizen qualifying relative can petition for you here in the U.S. in conjunction with your adjustment of status (green card) application. If you entered the U.S. unlawfully, however, your process is a bit more complicated. You can begin the process in the U.S., but you will ultimately be required to leave the U.S. to obtain your immigrant visa.

If you entered the U.S. unlawfully and remained in the U.S. for more than one year, you will be subject to the unlawful presence bar once you leave to attend your immigrant visa interview at the consulate in your home country. If you trigger this unlawful presence bar, you are unable to return to the U.S. for a period of 10 years.

This is where the Provisional Unlawful Presence Waiver comes into play. You can apply for the Provisional Unlawful Presence Waiver using Form I-601A before you leave the U.S. to process your immigrant visa abroad. This allows you to “waive the 10 years” and obtain your immigrant visa. If your I-601A waiver is granted, you will not have to remain outside the country for 10 years and will not be separated from your family for a very long time. Among other eligibility factors, you will need to demonstrate that denied entry into the U.S. would cause extreme hardship to your spouse or parent, who is either a U.S. citizen or green card holder.

Please be advised that the I-601A waiver will only waive your inadmissibility for unlawful presence and not any other ground of inadmissibility. It also cannot be used if you are currently in removal proceedings.

The Provisional Unlawful Presence Waiver does not allow you to adjust your status within the United States. Once you are approved for the waiver, you will still need to leave the U.S. and attend your immigrant visa interview abroad at the designated U.S. Consulate.

Let Us Help You Assess Your Options

At The Law Office of Rosina C. Stambaugh, we may be able to help you obtain a Provisional Unlawful Presence Waiver in York and surrounding areas. Our extensive immigration experience allows us to develop effective and personalized strategies for every client. We also have an in-depth knowledge of the obstacles you may face, as well as how to overcome them.

Regardless of your status, we urge you to get in touch with our team so we can help you evaluate your options. Our job is to analyze your present and future circumstances to help you avoid problems before they arise. When you bring your case to our firm, we can take the time to develop solutions tailored to your unique goals and challenges.

The sooner you get in touch with our team, the more time we will have to ensure your success. Give our office a call at (717) 921-4042 or fill out our online contact form to begin.

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