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Overstayed? Are you here unlawfully? There’s help

On Behalf of | Mar 2, 2020 | Immigration |

Immigrating to the United States is not always easy. You were brought to the United States when you were a young child, and you don’t know much about how you came here. You know that you went back to your home country several times, usually around once a year, and you’re now back and ready to go to school.

What you didn’t realize at the time was that you’re not actually a citizen, and you don’t have a visa. You’re not technically in the United States legally. You don’t know what to do, because you can’t risk being sent out and deported to a country you don’t know where no relatives live. You can’t risk waiting 10 years to come back to your home.

You may want to look into your options with a provisional unlawful presence waiver

A provisional unlawful presence waiver could be a good choice for you, but you have to meet many different conditions. Some of them include:

  • Being present in the United States in order to file for this waiver and to provide the biometrics needed to process it
  • Being at least 17 years old
  • Already trying to seek a visa or having an open case with the Department of State
  • Showing that you were in the United States for over 180 days but no longer than a year for a single stay
  • Showing that being unable to be admitted into the United States would cause extreme hardship to either your parent or spouse who are U.S. citizens or legal permanent residents.

What happens if this application is denied?

If your application is denied, you may not be able to seek an administrative appeal or ask that your application be reconsidered. However, you can reapply. If you choose to apply for the first time or after a denial, it may be a wise choice to contact an immigration attorney. These applications can be complex, and it’s a smart idea to work with someone who knows the ins and outs of the immigration system.

Whether you’ve overstayed or were brought here as a child, your presence has been nothing but positive. You haven’t committed any serious crimes, and you always pay your taxes on time. You just want to continue the life you’ve always known. That’s something that you can fight for with the right application. Though it may be difficult, you can overcome this challenging situation.

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