Articles Posted in Waiver

In this video attorney Jacob Sapochnick discusses the non-immigrant visa waiver process for individuals who are ineligible to obtain a non-immigrant visa (such as a tourist visa or work visa) due to previous immigration violations such as an overstay, criminal offense, or misrepresentation. All of these offenses can make a person ineligible for a non-immigrant visa, and the only way to obtain a non-immigrant visa is to first apply for a waiver called a 212(d)(3) waiver. Section 212(d)(3) of the Immigration and Nationality Act (“the Act”) is a broad waiver provision that allows applicants to apply for admission as nonimmigrants to overcome certain grounds of inadmissibility found in Section 212(a) of the Act. For more information just keep on watching.

The Section 212(d)(3) waiver is available to broad range of inadmissible individuals, however the 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. An approved 212(d)(3) waiver “waives” an individual’s inadmissability and allows the foreign national to apply for a non-immigrant visa.

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In this video, attorney Jacob J. Sapochnick Esq. answers one of your frequently asked questions: I overstayed my visa and I am now married to a U.S. Citizen. Am I eligible for a green card?

Overview: 

I am married to a US Citizen but I came to the United States over 10 years ago, I overstayed my visa. Am I eligible to apply for a green card?

The good news is, even if you have overstayed or worked in the United States illegally,  if you are married to a US Citizen it is possible to legalize and apply for permanent residence. The key to determine your eligibility lies in the manner in which you entered the United States. To be eligible for permanent residence, you must have been inspected by a U.S. Customs Official at a U.S. Port of entry. In other words, you must have entered the United States legally and received an I-94 record of arrival/departure proving that you were inspected upon entry. If all goes well, the immigration officer will waive the overstay and illegal employment, at the time of your marriage interview if you can prove that you were inspected by showing your I-94. Any other grounds of inadmissability such as certain crimes, fraud, or willful misrepresentation may subject you to a bar for a certain period of time. In these circumstances, you will need to obtain a waiver before applying for permanent residence.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: Am I eligible to file for adjustment of status inside the United States? For the answer to this question please keep watching. For more information about adjustment of status, please click here.

Overview: 

Am I eligible to file for adjustment of status inside the United States?

In order to file for adjustment of status from a non-immigrant visa classification to legal permanent resident, several conditions must be met. If you do not meet any of the following conditions you cannot file for adjustment of status from inside the United States.

  1. First, in order to apply for permanent residence, you must be physically inside of the United States. If you are not physically present in the US you must obtain an immigrant visa at a United States Consular post abroad.
  2. Your Immigration petition must have already been approved (I-130 or I-140 Petition) before filing of the I-485 Application to Register Permanent Residence or Adjust Status (green card application).
  3. If your priority date is not current then you cannot file a petition for adjustment of status.

What does this mean?

A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. Immediate Relatives of US Citizens are generally not subject to numerical visa limitations. You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. The Visa Bulletin estimates immigrant visa availability for prospective immigrants.

4. If your priority date is not current then you cannot file a petition for adjustment of status until it becomes current.

5. You must have entered the US illegally and be able to prove that you entered legally (inspection documents such as I-94). There are exceptions to this rule such as section 245i

6. You must not have any changes in your circumstances (ex. change in employment; divorce before green card)

7. You must not be barred from the United States. If you have been subject to a bar because you attempted to enter the US illegally, departed the US voluntarily, are guilty of immigration fraud, willful misrepresentation, or other criminal issues you are likely inadmissible and cannot file for adjustment of status. A waiver may be available to individuals in these situations that will allow the immigrant to seek adjustment of status.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the I-601A waiver and when it may be used to legalize a foreign spouse. In this case the foreign spouse was removed for a 3-year period.

For more information about the I-601 and I-601A waivers please click here.

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In this segment, attorney Jacob J. Sapochnick discusses one of our most frequently asked questions: I have married a different petitioner than the one who filed my K-1 fiancé visa, can I still apply for my green card?

Overview

– The K-1 fiancé visa allows you to marry only the original US citizen petitioner that filed your K-1 fiancé visa

–The K-1 fiancé visa does not allow you to enter the United States and later adjust your status to permanent residence within the United States, while married to a different person

– It is possible for you to proceed with an adjustment of status from your home country, if you have now married a different person than the one who petitioned for your K-1 fiancé visa, through a process known as consular processing

–Couples who are concerned about the impact of physical separation on their relationship may consider the K-3 visa as an alternative to consular processing

–If you have accrued unlawful presence in the United States you will be subject to a bar and will need to file a waiver before applying for permanent residence

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