Visas for Undocumented Immigrant

Most immigrants who entered the U.S. illegally and are married to a U.S. citizen or permanent resident must return to their home country to apply for an immigrant visa and waiver.  When you enter the U.S. with the visa, you are automatically a green card holder and can eventually apply for citizenship.

How to Start the Process

Before you file anything, it is always a good idea to talk with an experienced immigration attorney to make sure you qualify for a visa and waiver. You do not want to leave the U.S. only to find out that you do not qualify. An immigration attorney can tell you if you are eligible and how strong your case is.

To start the process, your U.S. citizen spouse needs to file a petition showing you are legally married and that you did not get married for a green card. After the petition is approved, you must return to your home country to apply for a visa and unlawful presence waiver.

Unlawful Presence Waiver

If you were in the U.S for more than 180 days, you will need to ask for an unlawful presence waiver or extreme hardship waiver. For the waiver, you must show that your U.S. citizen or permanent resident spouse (or parent) will suffer extreme hardship if you cannot return to the U.S. Immigration will look at things like health conditions, financial hardship, educational hardship and conditions in your country. You must show that it will be an extreme hardship for your spouse or parent to live in the U.S. without you or in another country with you.  Extreme hardship is more than the normal hardship of being apart from your loved one. For more information about the waiver, please click here.

The law and process regarding visas and unlawful presence waivers is complicated. You should speak with an experienced immigration attorney before you begin the application process or leave the U.S.

Hire an Experienced Green Card Attorney

I have handled many consular processing cases, mostly for individuals from Mexico. When you hire me, I will be with you through the entire process, from filing the petition to preparing you for your appointments abroad. My goal in every case is to make the process as simple and straight forward as possible for you. We will communicate regularly so you know exactly what is happening in your case and why.

What About Fees?

My fee for this type of case is $3700, although it can be higher if you have an especially complex case  or if you need additional waivers due to a criminal history or a prior deportation.  Monthly payment plans help you budget for the fees and make it more affordable.  This fee does not include application fees that you pay directly to the government agencies, fees for certified documents, translations, travel expenses or other miscellaneous fees

Schedule your consultation by calling me at 651-278-9858 or click here to schedule online.