An individual who entered the United States without inspection or without documents
will be able to apply for a waiver of unlawful presence while residing with their family in the
United States. A person can now apply for a waiver while present within the United States
without the risk of denial of a waiver while being abroad. You will need an experienced attorney
because this process is complex and everchanging.
In 2016, Provisional Unlawful Presence Waivers were expanded to include individuals with approved and available immigrant visa petitions who are the spouses, sons and daughters, or certain children (17 or older) of Lawful Permanent Residents, not just U.S. Citizens. Not only does this apply to family-based petitions, it also applies to employment-based petitions and those selected to participate in the Diversity Visa Program.
Additionally, the expansion also includes those who have orders of removal with approved applications to reapply for admission, including those who have reentered after being removed from the United States if the removal order has not been reinstated by CBP or ICE. If you or a family member entered the United States without documents you may be able to apply for a waiver, please contact The Santos Law Offices PA for a free consultation 305-417- 4111.
6780 Coral Way, Miami, FL 33155