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 than 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 in status in the United States may not necessarily trigger unlawful presence. These immigrants include students who have been granted duration of status and would not accrue unlawful presence until an immigration judge or USCIS decides that the person has been unlawfully present.

An immigrant must seek admission again for the unlawful presence bar to be triggered.

I-601 or I-601A form?

Usually, an 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, persons 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.

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• Citizenship and Naturalization

• Immigration Law Only Ahmad doesn't split his practice between personal injury, real estate, and immigration. This is all he does — which means he stays current on policy changes, case law, and USCIS processing trends that affect your case.
• Competitive Pricing
• Payment Plans Available
• 13+ Years Of Experience
• Ultimate Convenience Attorney Ahmad Yakzan meets clients at our office at 10936 N 56th St, Suite 201, Temple Terrace, FL 33617, and works with clients throughout the Tampa Bay area and across Florida by phone and video.
• Flexible Communication For your convenience, we offer in-person, phone, or teleconferencing consultations. Attorney Ahmad Yakzan would be glad to meet with you at our office in Temple Terrace, Florida.

• “We have our family back.” “He knew exactly what arguments to make and never overpromised” Maria R.
• “I wish I had called him first.” “Ahmad fixed it, re-filed, and got my green card approved” Carlos M.
• “He answered my calls” “Ahmad explained every step clearly and never made me feel like just a case number” Fatima A.
• ““Clear, direct, and immediately useful in court.”” “Clear, direct, and immediately useful in court.”
• ““The best explanation of litigation strategy I’ve read in an immigration context.”” “The best explanation of litigation strategy I’ve read in an immigration context.”
• ““A book that makes you a better advocate — and reminds you why you started.”” “A book that makes you a better advocate — and reminds you why you started.”
• “His knowledge is incredible” “He went above and beyond to make sure I would make it to the next step on becoming a citizen.” Mahmoud B.
• “Make America Dream again” “Ahmad has been with me through every step and made me feel comfortable.” Nana S.

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Meet Attorney Ahmad Yakzan

Attorney Ahmad Yakzan came to the United States as a young man to pursue a dream that seemed elusive at times. He struggled but knew what he was aiming for was worth it because he met people who helped him with his goals. Although the dream seemed distant, he carried on.