Unlawful Presence Waivers: Overcoming Immigration Challenges with Jarrett & Price

At Jarrett & Price, we specialize in helping families navigate the complex process of obtaining unlawful presence waivers. Serving Duluth, GA, and metro Atlanta, we are proud to provide compassionate, expert guidance to individuals seeking relief from immigration barriers caused by unlawful presence.

If you or a loved one is facing inadmissibility due to unlawful presence in the U.S., the waiver process is a critical step toward reunification with your family and obtaining legal status. Our experienced attorneys work closely with clients throughout this journey, from filing the initial petition to completing adjustment of status, ensuring that every detail is handled with care and precision.

What Is an Unlawful Presence Waiver?

Unlawful presence occurs when a noncitizen remains in the U.S. without lawful status. If a person accrues more than 180 days of unlawful presence and then departs the U.S., they are typically barred from returning for 3 years. If the unlawful presence exceeds one year, the bar increases to 10 years.

An unlawful presence waiver, also known as a Form I-601A, Application for Provisional Unlawful Presence Waiver, allows certain eligible individuals to waive these bars of inadmissibility before leaving the U.S. for consular processing. This waiver is designed to minimize family separation by allowing applicants to complete much of the process while remaining with their families in the United States. It is important to recognize that the officer who adjudicates your waiver application has significant discretion when determining whether to grant your waiver or not. This area of the law is complex and you should always seek the assistance of experienced immigration attorneys like Jarrett & Price.

Who Needs an Unlawful Presence Waiver?

An unlawful presence waiver may be necessary if:

You have accrued more than 180 days of unlawful presence in the U.S.
You are inadmissible due to unlawful presence but have a qualifying relative (a U.S. citizen or lawful permanent resident spouse or parent) who would experience “extreme hardship” if you were unable to remain in or return to the U.S.

This waiver is typically sought by individuals who entered the U.S. unlawfully and are ineligible for adjustment of status but wish to pursue legal permanent residence (a green card) through consular processing.

Eligibility Requirements for an Unlawful Presence Waiver

To qualify for an unlawful presence waiver, you must meet the following criteria:

Be Inadmissible due to Unlawful Presence
You must have accrued sufficient unlawful presence to trigger the 3- or 10-year bar upon departure from the U.S.
Have a Qualifying Relative
You must demonstrate that your U.S. citizen or lawful permanent resident spouse or parent would suffer “extreme hardship” if you are denied the waiver.
Be Pursuing an Immigrant Visa
The waiver is part of the consular processing path for individuals seeking an immigrant visa (not for those applying for nonimmigrant visas).
Be Physically Present in the U.S.
At the time of filing, you must be in the United States.
Not Be Otherwise Inadmissible
The waiver applies only to unlawful presence inadmissibility. Other grounds of inadmissibility, such as criminal history, require additional waivers or remedies. This is another reason to have the assistance of an attorney when seeking this immigration relief. A mistake can be catastrophic to your case and ultimately to your immigration status.

The Unlawful Presence Waiver Process

The unlawful presence waiver process can be divided into distinct stages, from the initial petition to adjustment of status. At Jarrett & Price, we guide you through every step to maximize your chances of success.

Stage 1: Petition Filing – Form I-130

Before you can apply for an unlawful presence waiver, an immigrant petition must be filed and approved on your behalf. Typically, this involves filing Form I-130, Petition for Alien Relative, which establishes a qualifying relationship with your U.S. citizen or lawful permanent resident relative.

Steps in the I-130 Process:

File the Petition: The sponsoring relative submits Form I-130 along with evidence of the relationship. We work with our clients to make sure to thoroughly document your marriage relationship to give you the best possible chance of approval.
Approval by USCIS: Once approved, the case is forwarded to the National Visa Center (NVC) for the next stage in consular processing.

Our team works closely with clients to ensure that the I-130 is filed correctly and that any potential issues, such as insufficient evidence, are addressed upfront.

Stage 2: Consular Processing and Waiver Preparation

After the I-130 is approved, the case moves to the consular processing phase, where the applicant prepares to apply for their immigrant visa through a U.S. consulate or embassy.

Key Steps in This Stage:

Complete Form DS-260: This immigrant visa application must be submitted to the NVC.
Document Submission: Provide required civil documents (e.g., birth certificates, police certificates) and pay processing fees.

Preparing the Waiver Application

At this stage, you will also prepare and file Form I-601A to request a provisional unlawful presence waiver. The waiver application requires compelling evidence that your qualifying relative would suffer “extreme hardship” if your waiver is denied.

Examples of hardship include:

Financial hardship due to loss of income or caregiving.
Emotional or psychological hardship, such as severe depression or anxiety caused by prolonged separation.
Medical hardship, including inability to access necessary healthcare.

Our attorneys meticulously compile evidence and craft a compelling narrative to demonstrate the extreme hardship to your qualifying relative.

Stage 3: USCIS Adjudication of the Waiver

Once Form I-601A is filed, USCIS will review the application and supporting evidence. This stage requires patience, as processing times can vary.

Potential Outcomes:

Approval: If approved, you can proceed with consular processing.
Request for Evidence (RFE): USCIS may request additional documentation to clarify or strengthen your case.
Denial: If denied, you may be eligible to appeal or file a new waiver application with additional evidence.

Jarrett & Price will monitor your case closely during this phase, ensuring that any requests from USCIS are addressed promptly and thoroughly.

Stage 4: Consular Interview

After your waiver is approved, the NVC will schedule an interview at the U.S. consulate in your home country. This interview is a critical step in the process, as the consular officer will assess your eligibility for an immigrant visa.

What to Expect:

The consular officer will review your application and supporting documents.
You may be asked questions about your relationship, waiver application, and immigration history.

If the interview is successful, your immigrant visa will be issued, allowing you to travel to the United States as a lawful permanent resident.

Stage 5: Adjustment of Status

Once you arrive in the U.S. on your immigrant visa, the final step is adjusting your status to become a lawful permanent resident. This involves:

Submitting additional documentation (e.g., medical exam results).
Receiving your green card, which formalizes your permanent resident status.

At Jarrett & Price, we ensure that every step is completed smoothly so you can focus on building your life in the United States.

How Jarrett & Price Can Help

Navigating the unlawful presence waiver process is complex, but with Jarrett & Price on your side, you’ll have experienced attorneys guiding you every step of the way. Here’s what sets us apart:

Expert Legal Guidance
Our attorneys have years of experience handling unlawful presence waivers and other immigration cases. We know what it takes to build a strong case and secure a favorable outcome.
Personalized Service
Every client’s situation is unique. We take the time to understand your specific needs and craft a strategy tailored to your circumstances.
Technology-Driven Solutions
From secure document sharing to virtual consultations, our tech-focused approach ensures that the process is as convenient and efficient as possible.
Compassionate Advocacy
We understand how stressful the immigration process can be. Our team is here to provide support, answer your questions, and advocate for your family every step of the way.

Start Your Journey Today

If you or a loved one needs assistance with an unlawful presence waiver, Jarrett & Price is here to help. Serving Duluth, GA, and the greater metro Atlanta area, we are committed to reuniting families and helping individuals achieve their immigration goals.

Call us today at 855-909-3021 or schedule your virtual consultation to get started.

Your future begins here—let Jarrett & Price help you overcome immigration barriers and take the next step toward a brighter tomorrow.