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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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 is your reliable immigration attorney from St. Petersburg Tampa, Florida to Washington, D.C. We also have offices that are conveniently located to serve you in Clearwater, Dunedin, New Port Richey, Oldsmar, Land o’ Lakes, Plant City, Lakeland, and Zephyrhills.
Flexible Communication For your convenience, we offer in-person, phone, or teleconferencing consultations. Attorney Ahmad Yakzan would be glad to accommodate you in one of our offices in St. Petersburg and Tampa, Florida.

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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.