Last updated on January 30, 2025

The U.S. Citizenship and Immigration Services (USCIS) have announced that they intend to begin processing waivers of unlawful presence for certain immediate family members of U.S. Citizens in the United States, instead of forcing them to return to their home country to begin the application process there. This stateside processing will take away bars for re-entry and time restrictions for individuals who wanted to obtain legal citizenship through their family members.

To do this, family members need only file a waiver before leaving the U.S. for their home country. The USCIS will take care of the application in the U.S., decreasing the amount of time that the individual will have to spend outside of the country. To get the waiver, an individual must show that their immediate family is a citizen of the United States and would undergo extreme hardship if he or she were to leave.

If you would like to find out if you are eligible, then talk to our Ohio immigration lawyers at Bartell, Georgalas & Juarez, L.P.A. Co. We can counsel you as to the best course of action to take in your immigration case.

What Are The Benefits Of Stateside Waiver Processing?

The purpose of processing the waiver in the United States is to make obtaining a visa easier on family members of U.S. citizens. Formerly, family members had to go all the way back to their home country and apply with the consulate there. Depending on the country, this process could take months or even years to be processed and approved. During this time period, applicants are not allowed to return to the United States for this long period of time.

The new policy will cut down on the time that family members are away from each other. By processing the application here, the time spent trying to obtain the visa should be much shorter. In addition, family members will be allowed to re-enter the U.S. so that the family will not be separated for long periods of time.

What Are The Requirements To Get A Waiver?

In order to qualify for a waiver of unlawful presence, individuals must meet the following requirements:

• Be physically present in the U.S.
• Be at least 17 years of age or older
• Have a beneficiary or immediate family member that is a U.S. citizen
• Currently be pursuing the visa process and have paid all associated fees
• Be inadmissible by unlawful presence only
• Must demonstrate that refusal of admission to U.S. would result in extreme hardship to the family member

Persons are ineligible if they have applied for adjustment of status to become a lawful permanent resident or have scheduled an interview with the U.S. Consulate or Embassy in their home country. Those who have a final order of removal or have had their removal order reinstated are also disqualified. If you have an extenuating circumstance, then you may be able to get a waiver. Talk to a Columbus immigration attorney at our firm who can assist you through the process.

Legal Counsel From A Skilled Immigration Attorney

Those who are facing immigration issues should turn to the experienced Ohio immigration lawyers at Bartell, Georgalas & Juarez, L.P.A. Co. They serve clients in Columbus, Cleveland, Cincinnati, and the rest of the state, making sure that Ohio residents have the best possible representation. We have over a decade of experience in dealing with immigration issues of all kinds.

This area of law can be extremely complex and constantly changing, so please get in touch with our firm before taking any action. We are available at any time of day or night, and we can even come to you! Call us at 216-710-6700 or via email to take advantage of your free initial consultation.