Dalton Consular Cases & Waivers Lawyer
Are you eligible for an immigration visa, and currently live abroad? If so, you may be able to obtain an immigrant visa by applying for a consular waiver. These waivers are often granted for applicants suffering from extreme hardship. The Dalton consular cases & waivers lawyers at Shirazi Immigration Law, Inc. can help you toward your path of lawful residence if this scenario sounds like your current situation. Additionally, we may be able to help you secure green card status, even if you are already living in the U.S., via an unlawful provisional waiver.
Applying for a Green Card while living abroad is called consular processing. While living in their home country, the individual applies through the State Department’s Bureau of Consular Affairs. This is done at a U.S. embassy or consulate. If you receive a notice from the National Visa Center, it means that you are a beneficiary of an approved immigrant petition. Once this is completed, the next step in consular processing is to be scheduled for an interview at the consular office. Individuals who pass the interview and meet all other requirements are provided a Visa Packet to take with them to the U.S. Once through the Customs and Border Protection, which is the final step, they are admitted as lawful permanent residents, and have the right to live and work in the U.S. indefinitely.
What Is an Unlawful Provisional Waiver?
8.2 million U.S. citizens have an unauthorized family member living with them who is here in the U.S. without a visa or green card, according to American Progress. Many of these unauthorized individuals may be able to apply for an unlawful provisional waiver.
If an individual is already living in the U.S. unlawfully and they are seeking a green card, and they have a U.S. citizen as an immediate relative, in order to be granted lawful permanent residency they must leave the country and go through the consular interview process. This is obviously very disruptive to the individual’s life, particularly if they have a job, have children, or are going to school. By seeking an unlawful provisional waiver, they are able to stay in the U.S. while the government makes a decision about their green card application.
There are many eligibility requirements for unlawful provisional waivers. Some of these requirements include:
- You are at least 17 years old;
- You are currently in the U.S.;
- You have an immigrant visa case pending with Department of State;
- Denial of your green card will cause “extreme hardship” to the U.S. citizen or Legal Permanent Resident (who is your spouse or parent);
- You do not have a final order of removal; and
Call Dalton Consular Cases & Waivers Lawyer Today
Are you living outside of the U.S. and wish to apply for lawful permanent residency? Or, are you living in the U.S. without authorization, and have a visa case pending with the Department of State? We may be able to help. Contact the consular cases and waivers lawyers at Shirazi Immigration Law, Inc. today at 404-523-3611 to schedule a consultation.