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US immigration law: Waivers may help some looking to obtain visas

Some people may come to California or other parts of the United States without following the proper immigration steps. Still, they may build lives here and even find love that results in their marrying U.S. citizens. While marrying a citizen can impact a person's immigration status, a waiver may be needed under U.S. immigration law if the person has an unlawful presence in the country and hopes to obtain a visa.

The waiver a person may need is referred to as a provisional unlawful presence waiver. When approved, this waiver allows unlawfully present individuals who have an eligibility for an immigration visa, such as those married to U.S. citizens, to waive the restrictions placed on unlawfully present parties before they can come back to the country. Even with an approved waiver, parties must still leave the country and attend a visa interview.

However, if individuals are already going through removal proceedings, they cannot obtain waiver eligibility unless their cases have been administratively closed. Other examples of eligibility requirements include being 17 years old or older, being physically present in the United States when filing the application and be working toward obtaining an immigrant visa. In order to understand all eligibility requirements, individuals may want to gain additional information.

Because filing any type of form in relation to U.S. immigration law can be confusing, it is often helpful to obtain professional assistance. California immigration attorneys can help interested parties understand their options and what steps they may need to take to file provisional unlawful presence waivers or other documents. Consulting with these professionals before filing any forms may also prove wise if removal proceedings have begun.

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