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Marriage to an Immigrant with an Illegal Entry
In case your overseas nationwide partner has spent greater than six months (180 days) within the U.S. after an illegal entry, they are going to most probably must journey to a U.S. embassy or consulate overseas for the inexperienced card interview. As mentioned earlier, that is the place the 3- or 10-year bar might turn out to be a authorized impediment for the appliance. If you’re marrying an undocumented immigrant who entered with out inspection, an illegal presence waiver could also be accessible.
Likewise, spouses of everlasting residents who’ve accrued time in an illegal presence will face hurdles if making an attempt to regulate standing. These candidates may want to make use of consular processing on the threat of triggering a bar. Once more, an illegal presence waiver could also be accessible to resolve this downside.
Sure immigrant visa candidates who’re kin of U.S. residents or lawful everlasting residents could file Kind I-601A to request a provisional illegal presence waiver of the illegal presence grounds of inadmissibility below Immigration and Nationality Act part 212 (a)(9)(B). The request is filed and determined earlier than departing the USA to seem at a U.S. embassy or consulate. Thus, the accepted I-601A gives the applicant some reassurance that she or he is not going to be barred from reentering the U.S.
It needs to be famous that the provisional illegal presence waiver solely addresses the illegal presence floor of inadmissibility. Intending immigrants with a number of grounds of inadmissibility might have a broader I-601 waiver request. We extremely advocate working with an immigration lawyer to request any waiver.
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