Tampa Unlawful Presence Waivers Attorney
Unlawful presence in the United States is detrimental when it comes to obtaining an immigrant visa or adjustment of status. Under INA §212(a)(9(B), 8 USC §1182 (a)(9) , a person who seeks admission after being unlawfully present in the United States is inadmissible. If the period of unlawful presence is more than 180 days but less that 360 days, the immigrant would be inadmissible for three years. The immigrant would be ineligible for 10 years if the period is more than 180 days. However, there are periods of presence that do not count towards unlawful presence including:
- Individuals granted voluntary departure
- Individuals not given an I-94
- Persons granted Temporary Protected Status (TPS)
- Those with pending adjustment of status application
- Those granted withholding of removal
- Individuals granted a stay of removal, and
- Those granted cancellation of removal.
There are other exceptions in the statute including battered spouses, minors, asylees, those subject to family unity protections, and victims of severe forms of trafficking. Some individuals who are unlawfully status in the United States may not necessarily trigger unlawful presence. These immigrants include students who have been granted duration of status would not accrue unlawful presence until an immigration judge or USCIS decides that the person has been unlawfully present.
An immigrant musk seek admission again for the unlawful presence bar to be triggered.
I-601 or I-601A form?
Usually, am immigrant must depart the United States for the bar to be triggered. The waivers, after departure, are usually filed using the I-601 form. However, person who are present in the United States may file for the waiver before departing using the I-601A form. This change was made possible by the Obama Administration in 2013.
The Waiver Criteria:
The law allows a waiver if the denial of admission would result in extreme hardship to the immigrant’s qualifying relatives. The immigrant must be the son, daughter, or spouse of a United States citizen or lawful permanent resident. The immigrant holds the burden of proof in this case to show extreme hardship. Evidence of extreme hardship includes:
- Family ties to the United States
- Social and cultural impact
- Economic impact on the qualifying relative
- Health conditions
- Country conditions in the country of citizenship
Appeals of denials:
There are no appeals for denials of the I-601A application. A denial of the I-601 application can be appealed to the Administrative Appeals Office using form I-290B.
Making a Difference in Our Clients' Lives
Read Our Five-Star Client Testimonials
At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.
-
"I will use his office again in the future for our Citizenship application"The USCIS was frustratingly slow but his office was always reassuring that we were on track. He even fixed the issue for us when USCIS dropped the ball on our case.- Stephen S.
-
"Always ensuring that I was fully prepared"I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.- Michael H.
-
"I was more than well prepared for my interview"He was prompt and thorough answering all my questions. He is very professional and has a wealth of experience.- Former Client
-
"Your work impacts lives positively."Your expertise made it possible for my brother and his family to achieve their goals through the E2 process.- Former Client
-
"His work is his passion, and it shows."He works hard to ensure we were taken care of. He treated us like family from the start to finish- Sara B.
-
"By Our Side Through Thick and Thin"Ahmad is the best lawyer EVER! He sat with us and we talked about everything and suddenly all our worries were gone!- Former Client
-
"I couldn’t have asked for a better man to help me"had a complicated situation, he was patient thorough and professional.- Former Client
-
"Great group of honest and professional people"Overall considering the emotional roller coaster you go through personally during the process, Ahmad and his Team always made sure I was kept informed of any new developments good or bad.- Mark F.
Contact Us Today
-
PSA
It has come to our attention that individuals have been fraudulently using the name The American Dream to scam people seeking legal assistance. We want to inform you that The American Dream Law Office is the only law firm in the United States authorized to use this name, as it is our registered trademark. Any other person or entity claiming affiliation with The American Dream for legal services is acting unlawfully and without our authorization.
If you have been contacted by individuals posing as The American Dream Law Office or if you have been a victim of fraud by those misusing our name, we strongly encourage you to file a police report. Protecting your trust and ensuring the integrity of our services is our highest priority.
Please contact us directly for any questions or concerns. Stay vigilant, and thank you for helping us keep your legal journey safe and secure.
The American Dream Law Office
-
Headquarters Tampa10936 N 56th St, Suite 202
Temple Terrace FL 33617 United States -
BY APPOINTMENT ONLY St. Petersburg
8130 66th St N #3
Pinellas Park, FL 33781 -
BY APPOINTMENT ONLY Orlando
1060 Woodcock Road
Orlando, FL 32803, USA -
By Appointment Only New York City
8778 Bay Pkwy #202
Brooklyn, NY 11214, USA -
BY APPOINTMENT ONLY Miami
66 W Flagler St 9th Floor
Miami, FL 33130, United States
