Legal Question in Immigration Law in California

Re: What is a visa waiver?

Yes you can fix this problem, if you are in Southern California contact my office.

Re: What is a visa waiver?

A visa waiver is what you will need to get from the Department of State before you can submit any petition to become a Lawful Permanent Resident (LPR). It is a very complicated process, I would highly reccomend you hire an attorney if you do find that you need to get the Waiver. Feel free to contact my office for an appointment. The intial consultation is just $80. One of our lawyers or myself can look through your paperwork and make a determination as to whether or not you need the Waiver.

Regards,

Gabriel D. Jack

Attorney at Law

408.293.2026

Re: What is a visa waiver?

You don't need a "visa waiver" as you're not requesting waiver of the visa requirement. You are requesting waiver of the "two year foreign residence requirement." As mentioned before, you first need to know whether you are truly subject to the requirement. It doesn't sound as though you know that for sure. Being subject to the two year foreign residence requirement is not easy to determine. Consular officers make errors in designating a person as subject to the requirement incorrectly all the time. That's the first analysis. Then second, if subject to the requirement (which you should have a professional lawyer figure out for you...it's not so easy to do...) you must depart the U.S. unless you get approval on the waiver of the two year foreign residence requirement. Timeliness of that application is important to eligibility for adjustment of status to permanent residence. You should not delay making this application if you are subject to the requirement.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization