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Marriage and Immigration Rights

New York Waiver Lawyer

Help from a New York Waiver Lawyer

Marriage to a U.S. citizen does not automatically confer a green card or legal residency status for undocumented immigrants. According to immigration experts, individuals who enter the U.S. illegally must correct their unlawful presence before applying for a green card as the spouse of a U.S. citizen. This can take a significant amount of time without the help of a New York waiver lawyer. These immigration attorneys will provide the help needed for families to stay together and for individuals to correct issues with legal status and visa applications in the United States.

Waivers of Unlawful Presence

Immigrants who entered the U.S. without following the approved procedures must typically return to their home country to undergo an immigrant visa interview. Depending on the length of time that the individual in question has been in the United States unlawfully, he or she may be barred from returning to the U.S. for an extended period of time:

  • More than 180 days of unlawful residence requires a three-year bar from returning to the U.S.
  • Immigrants who have been here illegally for one year or more are typically barred from returning for 10 years.

Working with a qualified New York waiver attorney, however, can eliminate this requirement through an application for a provisional stateside waiver. To obtain this waiver, your New York immigration lawyer will present evidence that your spouse or family members will suffer extreme hardship if you are separated for an extended period of time. Approval of your waiver application will allow you to go straight into the legal process of acquiring a green card.

Residency Requirements

Spouses of U.S. citizens can typically apply for citizenship after three continuous years of living in the United States as part of a married couple. Your New York immigration lawyer can provide you with information on the right timing and the best options for your citizenship application. This will help you to enjoy greater peace of mind throughout the citizenship and naturalization process.

New York Waiver Lawyer Jennifer Oltarsh

At Oltarsh & Associates, we offer the most comprehensive help for families and individuals in the New York area. Our team of legal professionals will provide you with the most practical help in dealing with visas, citizenship applications and issues with Immigration and Customs Enforcement. Call us today at 212-944-9420. We look forward to the opportunity to serve you.