If you marry an undocumented immigrant in Spokane, your spouse will need to obtain a waiver for unlawful presence from the U.S. government if he or she wants to remain in our country. Don’t panic, though: Getting this waiver is often easier than you might think.
Federal agencies would prefer, of course, that everyone living in the U.S. had followed all the rules in coming to our country and remaining here.
Now, though, the Provisional Waiver for Unlawful Presence allows the petitioner to remain in the country while awaiting forgiveness and a visa. The only catch is this: for the visa to be valid, the petitioner must leave the country, head to the nearest embassy, and submit to an inspection before getting a U.S. passport and visa. The time spent away from home and family could be a month or more.
Does not getting a waiver for unlawful presence mean a couple must remain apart? Not necessarily. Those who are denied simply must leave the U.S., wait a year or two, then apply for clemency and a visa.
One thing you should not do, however, is attempt to apply for a waiver for unlawful presence on your own. In Spokane, Quiroga Law Office practices immigration law, and is here to help. If you’re in Spokane County and need an I-601A Provisional Waiver for Unlawful Presence, call us today at (509) 927-3840.
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Immigration Implications of Crimes | Spokane and Kootenai County Bar Associations
The following is a presentation that I did in conjunction with Greg Cunningham from Catholic Charities of Spokane, Refugee and Immigration Services. The purpose of this presentation was to give a primer to criminal defense attorneys on the immigration consequences of crimes committed by non-US citizens. We explain the implications of INA section 212 and 237 for certain crimes. Some crimes render an immigrant deportable and some inadmissible. We look at both circumstances and what defenses maybe available to the defendant to preserve an immigration case or at least preserve the possibility of acquiring a waiver.
In this post, you will find a video of the presentation recorded at my office. I have also included pictures taken of the presentation when we were giving the talk at the Spokane County Bar Association. The same presentation was given to the Idaho Kootenai County Bar Association on March 3, 2014.
Fiance and Spousal Petitions in Spokane County
Fiance and spousal petitions in Spokane County are not as easy to acquire as they once were. We do have a local USCIS office downtown at the Federal Courthouse, where the required interviews for this type of petition can be held. However, as the saying goes, love can be complicated. That’s especially true when it involves marriage between a U.S. citizen and a non-citizen.
If you meet someone who isn’t an American citizen and you want to marry them, you’ll need to think carefully before you act. If you’re a foreign citizen hoping to marry and live in the U.S., you should exercise caution, as well. In either case, a good lawyer is invaluable for navigating fairly tricky terrain.
To bring a foreign-born fiance or spouse to the U.S. to live, the American citizen will need to file a fiance and spousal petitions in Spokane with the federal government (a visa petition will be sent to adequately request – a fiance visa for those who have not married yet, and a spousal visa for those that have already marry). But a “yes” answer isn’t automatic. The person wishing to come to America will have to meet certain criteria:
You must have met each other at least once. This may seem like a no-brainer. The fact is, marriages made strictly for the sake of immigration do occur, as do “mail-order” spouses. To try to prevent them, the feds require evidence that you and your would-be spouse have met in person.
A few photos of the two of you together is often all the evidence you will need. If you don’t have one, however, you’ll need something else: an airline ticket may suffice, or emails between the two of you talking about meeting may be sufficient. An attorney can help you find evidence that the government will accept. You must both be eligible to marry.