When individuals enter the United States without the proper documentation, it can cause issues. Once they leave the country and try to come back, they may be unable to get access back into the country. This can be due to an undocumented status. Without a visa or some form proving their immigration status, individuals can face a bar, blocking them from entering the country.

When applying for a provisional waiver, individuals should meet the following eligibility requirements to be considered. Applicants must have immediate relatives that are United States citizens. Immediate relatives is referred to as citizens who are spouses, parents or children under 21. The applicant must be physically present in the U.S. and not have an interview scheduled with the U.S. consulate abroad. To be granted the waiver, you have to demonstrate that your spouse or parent will suffer an extreme hardship if the waiver is not granted and if you are not permitted to reside in the country.

How do I establish that I have a hardship?

For a provisional waiver, individuals will need to establish that a hardship is present. Their presence in the United States will have to be a proven need. If they are assisting their family somehow, this can be proven to show that they are needed as an important support system for their family. Your family may have to make personal statements on how your departure from the U.S. will affect their overall well-being. This can help to show how your presence is needed in the country as a form of support. It can prove that your presence is not just a form of support, but your finances are as well. To further support their claim, you may also have to write your claim about the situation. To begin the waiver process, you will have to file for a waiver in your original country.

How can the 3-10 year bar affect me?

If individuals stay in the United States for 180 days but less than a year, then decide to leave the country, they may have trouble re-entering. If you are in this situation, you may face a three to 10 year bar. With this bar in place, it may separate you from your loved ones who are back in the United States. The bar can impact your adjustment of status. You should explore options to acquire a waiver in order to do everything you can to improve your chances of entering back into the country.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.