Immigration Waivers

Immigration Waivers Attorney in Miami, FL

Being charged or accused of an immigration violation while applying for a Green Card is the last thing you need when trying to build a better life in the United States.

One small mistake can quickly ruin many years of hard work and sacrifice.  While some immigration violations are indeed more severe than others, obtaining an immigration waiver can sometimes give you a second chance without affecting your immigration status.

If you or a loved one currently live in Miami, FL and are in urgent need of an immigration waiver, our knowledgeable immigration attorneys at Garcia & Qayum Law Group, P.A. can help.

For those who are unfamiliar with the immigration laws of the United States, the term immigration waiver can often be confusing. An immigration waiver is essentially a redo for an individual accused of committing a violation. While it will not necessarily get you out of legal repercussions in the US, it can help reduce the negative impact on your immigration status.

For example, an individual who has a Green Card may be caught with a minimal amount of marijuana. According to US law, under typical circumstances, this could result in deportation and the loss of their Green Card status. However, an immigration waiver could be applied which would prevent deportation.

Another example in which an immigration waiver could be used is if an individual has already been deported but needs to return to the United States to take care of their family.  There is also a waiver that would allow you to stay in the United States even if you are here unlawfully if you can prove that your removal would create hardship for your spouse or parent.

Because the immigration laws of the United States are so complicated, it is crucial that you give us a call so we can understand and guide you through your case.  We have years of experience in immigration law and know how to best position your case for a positive outcome.

Even for experienced immigration attorneys, staying up-to-date with the latest immigration laws and regulations is a full-time job.

Provisional Unlawful Presence Waivers

For families that are applying for permanent residence in the United States, the process can often mean that the family must spend time apart, especially if certain individuals have been unlawfully living in the United States.

The provisional waiver program was designed to reduce the time in which family members must be away from each other throughout the permanent visa application process.

Current US law states that anyone who has spent over 180 days in the United States illegally faces a three-year ban from the country.  Anyone who has stayed unlawfully for over a year is banned from the United States for a decade.

While it is essential that the country enforces its immigration laws, the year-long bans can mean that families are not able to see each other for the duration, which can result in financial hardship and emotional stress for everyone involved.

In some cases, a provisional unlawful presence waiver allows the individual who has been living in the United States unlawfully to present their evidence and be given a second chance.  This waiver will enable individuals to reunite with their families in the case of a severe immigration violation.

Provisional Unlawful Presence waivers are granted on the basis that without the exemption, an immediate family member would suffer significant financial hardship or ill health.  For example, a husband who is taking care of his sick wife in the United States (who is a lawful permanent resident) would likely be eligible to apply for the provisional unlawful presence waiver even if he has been living in the country illegally.

To apply for a provisional unlawful waiver, you must be in the country when submitting your request, older than 17 years of age, and have shown that you have paid all relevant fees.

While many individuals are eligible for these waivers, there are a variety of situations that can make someone ineligible. Anyone convicted and charged with misrepresentation or fraud concerning immigration status is disqualified from applying.

For those who find themselves dealing with a violation of immigration law, applying for the right immigration waivers can be life-changing.  Our team at Garcia & Qayum Law Group, P.A. is committed to helping you throughout your situation and providing the most useful guidance and resources needed for you to obtain the required immigration waiver.

While immigration waivers are not applicable in all cases, we can learn more about your situation and begin working on your case after a consultation. Give us a call today at Garcia & Qayum Law Group, P.A. – (305) 230-4020.                

Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

3475 West Flagler St. Miami, Florida 33135