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Jan 09

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Would You Like To Erase Your Unlawful Presence?

There is good news for you if:

  • You are at least 17 years old,
  • Physically present in the US,
  • Entered the U.S. illegally (ie: without being questioned at border, with coyote, by river),
  • Have a U.S. citizen spouse or parent,
  • Your departure from U.S. would case extreme hardship to your spouse or parent, and
  • Unlawful presence is the only reason why you cannot apply for green card.

The federal government has just published a new rule that will allow you to erase your unlawful presence in the U.S. by filing out a form.  After you are given a waiver, you can apply immediately for a green card from a U.S. consulate in your home country.

Before this new rule came out, non-U.S. citizens had to interrupt their life in the U.S. and wait between 3-10 years outside of the country, depending on the amount of time they spent out of status in the U.S.  Many families suffered emotional strain, financial hardship and dangerous conditions.  Others were simply unwilling to take the risk and leave the U.S. to apply.  This new waiver fixes the problem that should not have existed before.

Although this new law will significantly shorten the amount of time that you have to be separated from your loved one, it does not make getting the green card any easier.  You will still have to prove that your U.S. citizen spouse or parent will suffer extreme hardship.  The term, extreme hardship, is not defined by the immigration code or federal courts.  Rather, it must be proven based upon the facts and circumstances of each case.

Since extreme hardship is a difficult legal standard to meet, it is smart to hire an immigration attorney who can put together the best evidence to support your case.

Permanent link to this article: http://blog.weismanlawyers.com/would-you-like-to-erase-your-unlawful-presence/

2 comments

  1. SUSAN

    NOW I UNDERSTAND THE NEW LAW…GREAT BLOGGER

  2. Carpet Cleaning Huntington Beach

    Normally I don’t learn article on blogs, however I would like to say that this write-up very forced me to take a look at and do it! Your writing taste has been surprised me. Thanks, very great article.

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