Facing immigration penalties after gaining “unlawful presence” brings immense stress to families seeking unity and stability. The fear of long-term separation leaves many feeling anxious, overwhelmed, and unsure of what to do in this situation. While unlawful presence is a serious obstacle in your immigration record, there are still ways forward in some cases.
To regain a lawful immigration status, you may:
At Kriezelman Burton & Associates, LLC, our dedicated Chicago immigration attorneys provide comprehensive legal services to help you face the challenges that come with unlawful presence. We recognize what is at stake for you, and we are committed to helping you find a path forward.
Spending time in the United States without an authorized immigration status leads to strict penalties under the Immigration and Nationality Act (INA). This can happen if you overstay the authorized duration of a visa or if you enter the country without being admitted or paroled. The length of time you spend in the country without legal status dictates the severity of the penalty:
Though the unlawful presence bars are serious, you may be able to overcome them by applying for specific government waivers. The correct form will depend on your physical location and your current immigration process. The most common waivers include:
For both of these waivers, you must prove that a qualifying U.S.-resident relative will suffer extreme hardship if you cannot return.
If the government previously removed or deported you, returning to the United States is only possible with special permission. You must file Form I-212 (Application for Permission to Reapply for Admission). This application requests official consent from the government to reapply for admission before your mandatory waiting period expires. You may need to file this form alongside a waiver, depending on your unique immigration history.
A successful waiver application must include robust and verifiable evidence. Evidentiary documents may include:
Overcoming unlawful presence is a significant challenge, requiring a thorough understanding of immigration law, meticulous preparation of the appropriate waivers and applications, and skilled legal guidance. Our legal team at Kriezelman Burton & Associates, LLC has over 60 years of combined experience helping individuals and families face and overcome these obstacles. Let us help you find the right solution for your immigration history. Schedule a consultation today by calling 312-332-2550.
5-Star Rating | Based on 200+ Satisfied Customer Google Reviews
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy