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.
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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…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
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