Seeking Refuge In the United States

When most people think about immigration, they imagine people sneaking in from other countries or trying to hide from criminal charges. What most people don't realize about immigration, however, is how difficult it is to live other places. In my native homeland, I had a difficult time feeding my kids on a shoestring budget, and I worried about safety on a daily basis. I needed an immigration attorney to make my dreams of a peaceful existence possible. I created this blog to help you to see how much of a difference the right legal counsel can make, so that you don't have to worry about the future.

Would Your Spouse Be Blocked From Re-Entering The U.S. Due To An Unlawful Presence?


Immigration laws are not always set up to keep families together. If you are trying to adjust the status of your spouse to permanent resident, he or she might have to go back to their birth country for a consular interview. However, if they have been here unlawfully, whether they came here without documentation or their visa has expired, they may be blocked from coming back into the U.S. for three or ten years. There are exceptions to the rule, and this is why it is imperative you seek the advice and help of a family immigration attorney before filing any paperwork or having your spouse leave the States. Here are a few ways you may be able to get around the block with a waiver and keep your family together.

Otherwise Eligible

As long as you can prove that your spouse is a good citizen and does not have any criminal charges in the States or elsewhere, they should be eligible for a visa normally. This means that if a person were still in his or her birth country and was initially applying for a visa, it would be approved. Your lawyer can go through all the necessary paperwork to ensure eligibility would not be an issue if you filed through the normal channels. However, if there is any reason the visa would not be granted, including financial, the application for the waiver may be denied.

Hardship to Family

Once it has been established that your spouse would be eligible if applying the normal way, it must be demonstrated that your family would suffer hardship if separated. This does not take into account any emotional hardship but does include financial and medical hardship. If the spouse applying for the waiver is the sole bread-winner for the family, there is a good chance the waiver will be approved. However, if you could be working and making enough money to support the family, you may need to prove a reason why you are not working. There could be a medical reason you cannot work, or you could need to have your spouse there to care for you due to a disability or permanent disease or condition.

It is important to note that a waiver will not be granted if the immigrant has left the country and is trying to get back through a block. This is why it is best that you contact a family immigration attorney as soon as you decide it is time to get the status changed. 


13 December 2016