Unlawful Presence Waiver Lawyers in Austin

New Waiver Process for Immediate Relatives of U.S. Citizens

Recently, the U.S. Department of Homeland Security (DHS) announced a change to the current regulations for consular process and the waiver process. Now, those who are immediate relatives, (i.e, a spouse of a U.S. citizen, parents of a U.S. citizen who are 21 or over, and children under 21 years of a U.S. citizen) will be eligible to file paperwork for a waiver (perdón or pardon) for unlawful presence in the U.S. Prior to this change in regulations, the waiver could only be filed for once outside the U.S., resulting in long processing and wait times at embassies and consulates up to 6 months to a 1 year. Once a waiver was denied, the person who left the U.S. was no longer admitted to the U.S. for 10 years.

It is important to note that the waiver is only for unlawful presence. Those who think they may be eligible must consult with an Austin & San Antonio unlawful presence waiver attorney to determine if they qualify for the waiver. There are several instances where people may not qualify, such as those with multiple entries and those with prior deportations. Additionally, those who need a waiver for a criminal conviction will still need to process those waivers at the consulate. The waiver process is complicated and is not merely filing a form. It is very important that those who may be eligible consult with an attorney to determine their eligibility and to ensure all the information needed to apply is provided accurately and fully to USCIS.

With so much at stake, and the high cost of filing, you don’t want to risk a denial and the chance of being with your family! This is the opportunity many have been waiting for, for over 10 years. You have been patient, now is the time to be thorough, and be sure that it is done right.

Please contact our office at (512) 399-2311 today to determine your eligibility.