It is never a good thing if federal immigration authorities find you to have an unlawful presence in the United States. This means they believe you are staying in the country without the proper authorization. This may happen because you overstayed your visa or crossed the border without the required inspection from a U.S. Customs and Border Protection (CBP) officer. Either way, when this is uncovered, you may be forcefully removed from the country and banned from re-entering for many years to come. If this is what you are currently facing, please read on to discover whether an unlawful presence bar can be waived and how a seasoned 3 & 10 year bar waiver lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help make it possible to reunite with your family and return to your cherished life in the United States.
Is it possible for an unlawful presence bar to be waived?
To specify, when you accumulate more than 180 days of unlawful presence in the United States, you may be up against a three-year bar from re-entry. If you illegally stay for one year or more, this ban may be heightened to 10 years. Lastly, multiple offenses of unlawful stays after having to be removed or deported may trigger a permanent bar from the U.S.
To prevent this bar from going into effect, you may file a waiver with the United States Citizenship and Immigration Services (USCIS). To be eligible for this petition, you must have a U.S. citizen or lawful permanent resident spouse or parent who would suffer an extreme hardship if you were denied entry into the country. Namely, you may fill out Form I-601, Application for Waiver of Grounds of Inadmissibility, if you have already left the U.S. Or, you may submit Form I-601A, Application for Provisional Unlawful Presence Waiver, if you are still here.
What counts as an “extreme hardship” for a waiver application?
You may believe an “extreme hardship” to be a subjective experience that individuals may hold different thresholds for. However, the USCIS has a clear-cut definition for what it considers an extreme hardship with removal or deportation from the United States and a subsequent three- to 10-year bar from re-entry. The following examples may apply:
- Your qualifying relative may suffer from severe anxiety, depression, or mental health issues with your separation.
- Your qualifying relative may become unable to support themselves financially without your assistance.
- Your qualifying relative may have a serious medical condition that requires constant personal care only you can offer.
- Your qualifying relative may be a minor child or child with special needs, and your absence may hurt their overall well-being.
Nonetheless, you may effectively prove these extreme hardships through tangible pieces of proof like psychological evaluations, financial documents, medical records, and affidavits. At the end of the day, if you are still hesitant about taking the monumental step of waiving your unlawful presence, consult with a competent family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.