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Adjusting your status is a milestone and a key component of your journey to becoming a permanent resident of the United States. Anyone involved in this process is under a fair amount of stress because of how important the outcome is.
This strain only increases for someone who has violated the terms of their visa. If you or someone you love is in this position, know you still have options. We wanted to provide some honest information about how your previous visa violations can impact your application when adjusting your status.
Confront, Don’t Avoid
When you submit your application to adjust your status, the United States Citizenship and Immigration Services (USCIS) carefully assesses your immigration history, including any visa violations. Some common examples of visa violations include overstaying the permitted duration or working in the U.S. without a work visa. These violations will have an impact on your application.
The severity of the impact depends on the factors of your case. The USCIS evaluates each case individually. They consider the specific violation, the underlying reasons, and your current immigration status. In situations where a breach occurred due to a misunderstanding or a legitimate error, the USCIS is likely to be more lenient. Conversely, repeated or severe violations could result in negative consequences. Regardless of the violation, be honest with your attorney and the court. You must disclose all information about any violations to avoid additional hurdles later. Concealing this information can lead to consequences, such as denial of your application or even further legal action.
Being honest in your application is essential. It demonstrates the steps you have taken toward being compliant with your visa since the infraction occurred. It is also vital to showcase that you have followed immigration laws. Any supporting documentation or evidence you can provide will significantly strengthen your case.
There Are Legal Options
In some situations, waivers may be available for violations. A waiver grants forgiveness for the breach you committed. There are specific criteria to apply for a waiver. Although we would love to tell you the requirements, each situation is unique. The process is nuanced, and your attorney will help you plot a path forward based on your circumstances. Unfortunately, not everyone qualifies for a waiver. We don’t want you to abandon hope, but it’s essential to understand the circumstances ahead.
Speak to an immigration officer to gain a clear understanding of whether you are eligible for a waiver. If so, they will assist you with applying for one. During this process, you will gather any evidence that supports your waiver application. For instance, you will include documents demonstrating changes in circumstances and/or character references. Being eligible to apply for a waiver does not guarantee approval, but having an attorney assist you with a well-prepared application significantly increases your chances of success.
Never underestimate the importance of getting sound legal immigration advice. Your attorney will be instrumental in assisting you in figuring out how to approach your situation. It’s important to remember that each application is unique and will be evaluated based on its merits. Taking steps to address these concerns can impact the outcome of your case.
Contact ZafiroLaw
At ZafiroLaw, we understand that adjusting your immigration status while having a history of visa violations is daunting. We recommend seeking professional legal guidance because attorneys like us will help you understand how your past actions affect your application and your best options moving forward. If you have any questions, please schedule a consultation with us. Our team is here to help you navigate through this process and provide clarity on your options.
