Am I eligible for a waiver, this is a question that a lot of people ask. The most common situation where people need a waiver is when they have unlawful presence and unlawful presence essentially means it could be two different scenarios. One, people who enter with a visa but then overstay that applicant is accruing unlawful presence. More obvious one is if you enter America without a visa at all, without legal documentation, you’re occurring. You have illegal entry, okay undocumented entry, and also your occurring.

Unlawful presence. Quick tip here. If you have a child that who is accruing unlawful presence, overstay their visa and before they turn 18, and if still overstay and you have some family members back in your country of nationality and you don’t, you’re considering like what should we do? Like maybe possibly no option right now, but you know your child’s about to be an adult and they want a future life in America with legal status. The best thing to do is probably we need to talk to a lawyer about this, but probably it could be that your child who’s about to become an adult need to go back and live somewhere else. Outside America, of course, somewhere safe.

But yeah, every everyone’s case is different. But a lot of people don’t know that when a child is overstayed their visa, so they actually don’t legally accrue unlawful presence until the day they turn 18. So that’s a hot tip. Hopefully you keep that in mind for the future. If you have kids now, there’s a couple, there’s several different waivers. Different reasons to waive inadmissibility. Ok and admissibility is a fancy legal word for grounds or reasons to remove you, AKA deport someone from America. There’s a whole section for inadmissibility grounds and another section for deport deportability grounds. So the main eligibility requirement is do you have a qualifying relative now people might think, oh, does that mean cousin, Uncle, Aunt.

They suffer hardship, so can they count? Unfortunately, no. But we always do add in information about other family members who may suffer hardship that you help out or they rely on you to some extent. Doesn’t mean like twenty four seven like a nurse around the clock. But the main thing is a spouse or a parent who’s a US. Citizen or a resident who that’s a key thing. It does not have to be just a person, a qualifying relative who is a US citizen.

So I we get a lot of different calls with similar questions, like I don’t have a US citizen family relative. Whose spouse or parent then we had our team. What we do is we dig in a little bit more. We investigate what about do they have resident status. We don’t want to assume that they don’t have status at all. So we do dig a little deeper. So you know, usually calls can take a little longer you know, than most law firms you call it most law firms you call in, you ask for appointment or you just have a couple questions.

They’re kind of just shrug it off for some reason. We really take our time and our when you call in for the first time, I see a comment. Can I apply for work authorization while applying for waiver? That’s also a wonderful question. If you don’t have DACA already, then unfortunately no. Ok, so DACA, of course most people know that allows for work permit, which is a whole. A whole other like debate drama there with DACA since when Obama created it. But in this sense it sounds like you’re probably already applied for your petition. Unfortunately, you cannot apply for a separate work permit application seven sixty five just because the petition has been filed.

You would normally. When people maybe hear people like your neighbors or friends, coworkers say like oh, I was able to apply for work permit Ed, how come you can’t? Man, they don’t know your story, they don’t know your situation and you probably don’t want to go on this detail. So the reason they most people can get it is they entered America legally OK with some kind of visa or ESTA and so that way they can get that taken care of.

Ok, they can apply for a D but for you I’m assuming you’re applying for waiver because unlawful presence, right? The other key fact key item I want to kind of discuss here is that some of y’all think that waivers. Do require hardship, OK. But it does not necessarily mean that the hardship has to be right now, like actually happening right now. Of course it would be great if there was information about it, if it’s already existing some kind of hardship. It does not have to be medical related. Does it mean someone has to have cancer or something like death, death, bed type scenario? We’ve had plenty of clients.

Applicants that we’ve had successful case approval of the waiver because of other things not related to medical, it could be financial. And it also doesn’t have to be a situation where you have to have a child to count to say, oh, I have hardship because the child don’t tell my kids that. But I know all parents are suffering right now. More power to you, especially the single parents.

Alright, more power to you. Ok, I know it’s difficult. Mines and daycare right now, thank goodness. Let’s see what else can talk about Weber yeah hardship. So if we just have questions about it, like you know you probably know you need a waiver but you think that your resident or US. Citizen parents or your spouse don’t have hardship. They’re not suffering some kind of hardship right now there’s a don’t think that you can’t apply for waiver. Ok. So call lawyer, immigration lawyer hopefully one that at least focus on immigration because some lawyers think that they need to have. Medical concerns, it’s not always the case.

A lot of majority of our cases don’t have medical hardship. So of course there was, if there was medical hardship then it would be existing right in the moment, right, but it can also be. You know, I don’t want to call it speculation, but we need to provide proof. So just give you one example like someone wants to apply for school and you know some people go part-time, some people go full time school after they already started their career, the first career and go back to school. That’s going to be an expense. So we add that. So even if you have not started school yet, we can show that.

Show that to the government at least the tuition rate, the schedule for that, the chart. So that’s just an example, OK? We really talk deep, speak in more detail. Not talk deeply, but speaking more detail. We can’t have deep conversations. This is a great opportunity for us to get to know you and understand your life, your family. And by doing that allows us to help you with your waiver case. Most law firms might not think of it that way, right? We’re building a relationship.

We need to understand your life so that we can help you with the letter. Of course, most law firms, including us, we recommend you to write the letter first so we have a starting place for us. We do have guidelines. I don’t like to call instructions because it feels like homework. But yeah, it’s basically homework. You got to get this done to file the waiver. But of course, you know. After your first draft, for example, is kind of like school. You give it back to us as a teacher, the lawyer, and then we give you suggestions how we can phrase things differently.

Ok, because we lawyers can’t make things up for you. Ok. So if you have a situation where you’re thinking, like, how come my lawyer hasn’t written my letter for me? That’s not how it works. We don’t understand your life. So the writing of the letter first on your for you first is very important, OK? 1st I have more detail about your life. And we also have. You know, questionnaire, so has opportunity for us to understand as well your situation, your scenarios and let’s see someone that called in earlier this week had a consultation with one of our attorneys.

He said that he his family preference category, I believe it was F1 and F3 been approved for a long time, many years, but he was contacting NVC every year. I don’t remember how he was contacting. Basically the preserve the visa in the future, right? But the priority date already passed. So by the way, I mentioned I try to mention this in every episode, every show, if your prior day already reached the chart, B typically. Ok, let’s in family preference at least. You don’t want to wait one year after that because national Visa Center wanted Department of State, they want to see that you have taken action on your case to preserve the visa.

So why wait? So in this scenario, this person was waiting because he knew that he’s unlawfully in the United States and you if you leave and if he leaves he’s going to trigger a 10 year bar. Ok. So that is the main reason you need to waiver six oh one a waiver. Ok, you go in the USA. Is that Gov website or just Google search six oh one a waiver and make sure you’re when you click on that result that it goes to US government website? You can read more about it. We have a guide about it as well. Go to our website, greencardguys.com You can go Scroll down, usually towards the bottom of our website.

And we also have one about mandamus lawsuit, federal lawsuit. Whenever there’s delays, unreasonable delays, OK, if you’re new to the channel, then you need to get to write this down, green card guys. And when you call in or schedule appointment, they’ll the cares team will ask you for the code so it shows that. We could prioritize the scheduling of your consultation if you share the secret code, OK, because we get a lot of calls, so that just helps us know that you’ve been watching our channel and getting hopefully you’ve been getting some value from our episodes.

All right, and until next time, please stay safe.