how to obtain permanent residency for someone who arrived without documentation but is now married to a citizen or resident
The process of obtaining legal permanent residency through the I-601A provisional waiver of unlawful presence is a critical step for individuals who are otherwise eligible for residency but are barred from re-entering the United States due to their unlawful presence. This waiver allows certain applicants to apply for forgiveness of their unlawful presence while remaining in the United States, thus avoiding the risk of triggering a lengthy bar on re-entry if they were to depart the country for consular processing. To qualify, applicants must demonstrate extreme hardship to a qualifying relative, typically a US citizen or permanent resident spouse or parent, if they were to be separated.
Working with an experienced attorney specializing in immigration law is essential throughout this process due to its complexity and the high stakes involved. An attorney can assess the applicant's eligibility, guide them through the documentation process, and ensure that their waiver application is thorough and compelling. Additionally, an experienced attorney can provide representation during any interviews or hearings, addressing any concerns or questions that may arise, and increasing the likelihood of a successful outcome. Ultimately, the assistance of an experienced attorney can be invaluable in navigating the I-601A provisional waiver process, helping applicants achieve their goal of legal permanent residency in the United States while minimizing the risk of complications or delays.