If you accrued more than 180 days of unlawful presence while in the United States, you might be able to obtain a waiver of inadmissibility to overcome the unlawful presence bars before you can return.
Typically, you could not apply for a waiver until after you appeared for your visa interview abroad and a Department of State consular officer determined that you were inadmissible to the United States. The provisional unlawful presence waiver allows you to apply for that waiver in the United States before you leave for your visa interview. This new process shortens the time that U.S. citizens and lawful permanent resident family members are separated from their relatives while you obtain your visa to become a lawful permanent resident of the United States.
Nevertheless, if you do not wish to seek, or you do not qualify for a provisional unlawful presence waiver, you can still apply for a waiver after a Department of State consular officer determines that you are inadmissible to the United States.
Our office recommends that you seek the help of our experienced and knowledgeable attorneys. Contact our office today for an initial consultation.
Asylum is a form of humanitarian relief that is granted by the United States government to people seeking safety and protection because they suffered persecution and fear future persecution in their home country due to:
- Membership in a particular social group
- Political opinion
You may include in your application your spouse and children who are with you in the United States at the time you submit your application or at any time until a final decision is made on your case. To include your children in your application, the children must be under 21 years old and unmarried.