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Waivers: A Viable Way To Remove The Penalty Against Reentry Into The U.S.

Waivers for Unlawful Presence in the United States

Those without legal status often celebrate when they become eligible for a visa category through family, employment, or otherwise.

The same people are then devastated when they find out that, due to their prior unlawful presence in the United States, they cannot adjust status, but must instead return to their home country for the visa interview. To make matters worse, their departure from the U.S. often triggers a three or ten-year period of inadmissibility, which means they cannot reenter the United States for the duration of the penalty.

In certain circumstances, a person who has resided in the U.S. unlawfully may request a waiver of inadmissibility to remove the penalty against reentry. Some may have the option to apply for the waiver and receive a decision prior to leaving the United States for the visa interview.

Waivers for Criminal Records or Immigration Violations

Unlawful presence is just one of the many grounds that make visa-seekers inadmissible. A criminal record or immigration violation can also prevent someone from reentering the United States - sometimes even permanently.

An experienced immigration lawyer can determine which waiver, if any, is available in any particular case.

A Trilingual, Experienced Attorney to Help Determine Which Waiver is Available to You

If you are eligible for a visa category, but face obstacles ahead based on your unlawful presence in the U.S., your criminal or immigration history, our legal team at Casanova Law can assess your case and determine a plan of action.

Our leading Attorney Lourdes Casanova is trilingual in English, Spanish and Portuguese. She has helped individuals obtain Waivers, Temporary Protected Status, Citizenship and more.

Find Out What Options are Available for You

You can learn more about your options by calling us at 561-209-1440. You can also fill out our online form to schedule an appointment.

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