What is an Unlawful Presence Waiver?
An Unlawful Presence Waiver is a form of relief used by foreign nationals who are in the United States unlawfully. It is available to those who are subject to a 3-year or 10-year bar for overstaying their visa or otherwise violating the terms of their admission to the United States. This type of waiver is available in California, as well as in other parts of the United States. The Unlawful Presence Waiver grants individuals the opportunity to waive their inadmissibility due to violations of their visa status. Individuals who are granted the waiver can remain in the United States despite having been found inadmissible. The waiver does not result in the individual obtaining lawful status in the United States. The Unlawful Presence Waiver is typically used by foreign nationals who have entered the United States unlawfully, but have close family members who are US citizens. The foreign national must demonstrate that their removal would result in extreme hardship to their family member who is a US citizen. If the waiver is approved, the individual can remain in the United States and seek a pathway to lawful immigration status. The Unlawful Presence Waiver is a valuable form of relief for foreign nationals who have violated the terms of their admission to the United States. It is important for individuals to understand their options and consult with experienced immigration attorneys to determine whether the waiver may be available to them.
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