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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