Unlawful PResence Waiver
Am I Eligible for the Family Unity Waiver That Cures Unlawful Presence?
If you’re dealing with unlawful presence in the U.S. and wondering if you’re eligible for a Family Unity Waiver, it’s important to first determine whether you have a qualifying relative. This waiver, which helps cure unlawful presence and overcome inadmissibility, has strict eligibility requirements, and the relationship with your qualifying relative is key to your application.
What is a Qualifying Relative for a Family Unity Waiver?
The first step to determine if you’re eligible to apply for a Family Unity Waiver is to verify that the immigrant applicant has a qualifying relative.
To be eligible, the applicant must have a U.S. citizen or lawful permanent resident spouse or parent. Unfortunately, children are not considered qualifying relatives under the law. However, it’s still beneficial to include information about children in the waiver application, as USCIS will review this information, though it will weigh it less than evidence related to the qualifying relative (spouse or parent).
The Process with GreenCardGuys Law Group
At GreenCardGuys Law Group, we follow a structured approach to ensure your family unity waiver application is handled properly:
What Happens if USCIS Requests More Information?
Sometimes, USCIS will issue a Request for Evidence (RFE) if they need additional information to process your waiver application. In these cases, our team will ensure that the requested evidence is provided—and if it’s information we’ve already submitted, we’ll take the opportunity to provide updated or more recent evidence to strengthen your case.
What to Do If You Find Yourself in This Situation?
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