If you have a U.S. Citizen or Resident spouse or parent, adjustment of status or the waiver process could be a way to get permanent residence. There are two options to apply for a greencard through family. In the case you’ve overstayed your visa or you’ve crossed the border without inspection or “illegally”, there still may be options available to still apply for the permanent residence through:
✅ Adjustment of Status (to stay in the US and apply for the greencard and work permit) if you are the immediate relative of a US Citizen (spouse, parent of an adult child, or child under 21 and unmarried of a US Citizen) and you entered with a visa or you were inspected at the border (even if your visa or stay has now expired);
✅VAWA if you are being mistreated by certain US or Resident family members (Citizen or resident spouse, parent (if you’re under 21 and also under 25 in some cases) or a Citizen son or daughter 21 and up). Like adjustment of status, VAWA allows you to get status in the US, get a work permit and apply for your greencard without leaving the US.
✅Waiver and consular processing process if you don’t qualify for adjustment of status. This involves applying for a special waiver to forgive or pardon the unlawful presence caused by the overstay. This pardon or forgiveness will allow you to leave the country to attend your permanent resident interview at the foreign embassy. If you leave the US without this approved waiver, and you overstayed over 180 days without status, you’ll be barred for at least 3 years. That is why this waiver is so important. Once approved, and you leave the US to attend the interview, that bar will no longer apply.
This is complex stuff. You should seek help to find a solution that works for you. Call 561.405.4889 to schedule a consultation to evaluate your options. NOTE: The information in this video and caption is not legal advice and is only for general informational purposes. A scheduled personal consultation is required for legal advice and to determine whether you qualify.
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