Portland Unlawful Presence Attorney
Overcome Inadmissibility with Our Help
Offices in Medford & the Portland Area
It can be devastating to learn you have been ruled inadmissible to
immigrate to the United States. When someone is “inadmissible,” they are not eligible to
enter the United States or obtain immigration benefits for which they
may otherwise qualify . Accumulation of unlawful presence is one of the
most common reasons for inadmissibility.
Our Portland unlawful presence lawyer can work to overcome inadmissibility
on these grounds through the use of the Form I-160A waiver. At
Sarpa Law, we are dedicated to helping clients navigate immigration challenges of
all types. Our attorney has
over 15 years of legal experience and can identify customized immigration solutions designed to overcome
obstacles and achieve your goals.
Have you been deemed inadmissible? Speak with a seasoned unlawful presence
lawyer in Portland at Sarpa Law as soon as you can. Contact us
online or call
(541) 262-6677.
Understanding Inadmissibility on the Grounds of Unlawful Presence
An individual accumulates “unlawful presence” for every day
they spend in the U.S. beyond their period of authorized stay or when
you have entered without inspection. Put differently, an individual can
easily accrue unlawful presence if they fail to renew/extend their valid
status or remain in the country after their status expires. An individual
will also immediately begin accumulating unlawful presence if they enter
the country without being properly admitted or paroled.
When you accumulate too much unlawful presence, you will be ruled “inadmissible”
and barred from entering the United States for a set amount of time. If
you accrue 180 days of continuous unlawful presence, you will be subject
to a 3-year bar, or 3 years of inadmissibility. Accumulating 1 year or
more of continuous unlawful presence will result in a 10-year bar, or
10 years of inadmissibility. There are some notable exceptions and nuances
to these rules, which are not discussed Minors will not generally be barred
as a result of unlawful presence, for example. Multiple entries without
inspection may make you permanently inadmissible, is another example.
Being ruled inadmissible to the United States means you cannot reenter
the country or obtain immigration benefits that would allow you to remain.
Because you are unlawfully present, you may be at risk of being targeted
for removal proceedings. Our Portland unlawful presence attorney can assess
your circumstances and determine whether you are likely to be ruled inadmissible.
How Form I-601A Works
If you qualify for a
green card as a result of
family sponsorship, you will need to leave the United States to complete the process. However,
if you have already accrued a disqualifying amount of unlawful presence,
you will theoretically be barred from reentering the country – even
though you qualify for an immigrant visa.
Form I-601A is a waiver that allows individuals in these situations to
depart the country, complete the green card application process, and return
to the U.S.
despite their inadmissibility. To avoid being shut out, you must seek Form I-601A
before leaving the United States.
How To Qualify For The Form I-601A Waiver
To qualify for the Form I-601A waiver, you must meet each of the following
conditions:
- You must be at least 17 years old.
- You must be physically located in the United States at the time you file
your application.
- You must have an otherwise approved family-based green card petition.
- You must be ready and willing to depart the U.S. to procure your green card.
-
You are
only inadmissible on the grounds of unlawful presence.
- You can demonstrate a U.S citizen or lawful permanent resident spouse or
parent will suffer extreme hardship if you are unable to reenter the United States.
Proving “extreme hardship” is typically the most difficult
element of securing a Form I-601A waiver.
It should be noted that only individuals with U.S. citizen or lawful permanent
resident spouses or parents can qualify for this waiver. Siblings and children do not count, even if they would demonstrably experience
“extreme hardship.”
United States Citizenship and Immigration Services (USCIS) will consider
a variety of factors when determining whether a U.S. citizen or lawful
permanent resident spouse or parent will suffer “extreme hardship.”
These include potential impacts on the relative’s health, education,
finances, and general well-being. You will need to provide supporting
documentation that supports your claims.
What Is Considered Extreme Hardship?
Demonstrating “extreme hardship” is often challenging, but
our Portland unlawful presence lawyer can help. At Sarpa Law, we will work closely with you to prepare a persuasive I-601A
waiver application. We understand how USCIS adjudicates these waiver requests
and can leverage our knowledge to benefit your case.
More About The Waiver Process
Navigating the immigration waiver procedure can be complicated and daunting.
At Sarpa Law, our experienced immigration attorneys can walk you through
the process of petitioning for a waiver, including the Form I-601A. Whether
you are facing inadmissibility due to unlawful presence, your
criminal past, or other reasons, we have the expertise to help you gain insight into
what options are available and how we can work toward a solution.
The primary aspects of the waiver process consist of the following:
- Assessing your eligibility for a waiver.
- Obtaining the relevant paperwork and evidence.
- Building an strong case for approval.
- Getting through potential interviews and hearings.
- Supporting and advocating for your rights and best interests.
Don't allow inadmissibility to impede your immigration hopes and dreams.
Communicate with Sarpa Law immediately to set up a consultation so that
you can take the first step in reducing legal challenges.
Schedule a consultation to discuss your options for overcoming unlawful presence by calling our
Medford number at
(503) 755-5587 or our Portland number at
(541) 262-6677.
