WHAT IS A PROVISIONAL WAIVER AND ARE YOU ELIGIBLE?
Many people look to marriage as a way to expedite the green card process. A foreigner married to a U.S. citizen has the idea that marriage will make the immigration process easier. This is not the case for people who entered the United States through the U.S. border without a visa. Marriage does not automatically change legal status, and those who entered without a visa cannot apply for their green card here in the United States. However, there are options available to those who wish to apply for green card status. One common option for those who entered without a visa but are married to a U.S. citizen or permanent resident is to apply for the provisional unlawful presence waiver (Form I-601A), often referred to as the provisional waiver. The noncitizen spouse of a U.S. citizen or lawful permanent resident can use this to continue the process of applying for a green card. The provisional waiver process does not expedite the green card process. There are many steps you have to take before you become a permanent resident. For example, you must leave the U.S. and return to your home country to process your immigrant visa at a U.S. embassy or consulate. With an approved provisional waiver, going to an interview in your home country and waiting on your visa should only take a few weeks. A Department of State consular officer will decide if you are eligible to enter the United States.
• You are in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State. • You can demonstrate that if you are not allowed to enter the United States, your U.S. citizen spouse, permanent-resident spouse, or parent will suffer extreme hardship. • You believe you are or will not be eligible to enter the United States because you are subject to a 10- or 3-year punishment by the Department of Homeland Security. This process is complicated, but it is a viable option for those who wish to apply for green card status. Our firm specializes in waivers. If you have questions about the provisional waiver or marriage-based green cards, give our office a call. We can answer your questions and get you the assistance you need to move forward.
You may qualify if you meet the following requirements:
• You are physically present in the U.S. to file the application. • You are 17 years of age or older.
WE MOVED OUR ALABAMA OFFICE!
We are pleased to announce that we moved our Birmingham, AL, office location effective August 1, 2018. The new Alabama office address is: One Perimeter Park South Suite 100N (first floor) Birmingham, Alabama 35243 Our firm telephone number and Georgia office location will remain the same.
We look forward to welcoming you to our new office.
Left to right: Grace, Aurora, Natalia, and Jorge
The Solano Law Firm Team at the Families Belong Together Rally in Atlanta and Tampa
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