Entering the U.S. without a visa (EWI) and remaining here illegally can lead to deportation however one could prevent deportation by filing for a pardon or waiver by a U.S. citizen spouse. A waiver or pardon is necessary which requires them to return to their home country for a minimum of a few months to submit the application. To be approved that person must prove extreme hardship to their U.S. citizen or lawful permanent spouse or parent.
Our firm has obtained approval Hundreds of Waivers .
Toll Free (887) 659-3771
I 601 Waivers and Green Card
Winning in Immigration Court When an immigrant is arrested and held by ICE and sent to an immigration judge they can get bonded out if they have:
- Not committed a serious crime, and
- Have LPR or USC qualifying relatives (parent, spouse or child).
- Been present in the U.S. for more than 10 years they may apply in court for permanent residence.
In addition, if someone has qualifies under 1, 2 and 3 above they may actively seek to be placed before an immigration court to apply for cancellation of removal and permanent residence.
Adjustment of Status by Family Relative
An LPR or USC spouse parent or child over 21 can apply for their relative for permanent resident and be granted a green card within 3 to 4 months of filing the petition. This applies if the beneficiary is present on a visa, even though it has expired or arrived EWI (without inspection) but is 245 is eligible from a family petition filed on or before 4/30/2001.
They must prove a bona fide relationship, good moral character and required income level of the petitioner. This also requires filing correctly, being fingerprinted and passing an interview with the local USCIS. In the event of an overstay, an arrest or conviction, or a marital relationship of short duration, attendance by an immigration lawyer at the interview is recommended.
Becoming a U.S. Citizen
An LPR for 5 years (or married to a U.S. C. for 3 years) can apply for U.S. citizenship through naturalization. Add…Must prove 5 years of good moral character. Fluency in English, passing the civics test and good moral character must be established PRIOR to filing the petition. Any LPR with an arrest or conviction should consult with an Immigration Lawyer PRIOR to filing.
The process takes 3 to 4 months depending upon the place of residence of the petitioner.
From Conditional Residence to 10 year Green Card
When a marriage petition is filed prior to the 2nd anniversary of the marriage, the beneficiary is granted a 2 year conditional green card. A petition to remove the conditions must be filed within 90 days of the expiration to be eligible for the 10 year green card. If the marriage relationship ends either by separation or divorce PRIOR to the 2 year residency an I 751 Waiver must be filed PRIOR to the 2 year date. The I 751 or Waiver should be filed 90 days prior to the expiration, with the divorce decree when separation has occurred. Otherwise employment authorization and permission to travel and return to the U.S. can be revoked.
Immigration Status, Arrests and Crimes
Immigrants or intending immigrants who cannot prove good moral character at the time of their application for either non immigrant visa, an immigrant visa, and application for citizenship. A conviction and in some cases even an arrest may result in being placed in immigration court proceedings. This rule applies to permanent residents who file for renewal of their green card, citizenship or re entry into the U.S. after a short trip abroad.
Pleading guilty or no contest to a criminal charge without first consultation with an immigration lawyer can result in deportation.
Our Attorneys represent immigrants in the following areas:
- Immigration Court, Board of Immigration Appeals, 9th Circuit Court of Appeals
In the following areas of Immigration Law:
- Adjustment of Status to Permanent Residence
- Cancellation of Removal, Asylum, Convention Against Torture
- I 751 Petitions and Waivers and Court Review Naturalization and Citizenship Applications
- I 601 Waivers of Inadmissibility and Waivers of Deportations
- Fiance Visas, Voluntary Departure, Termination of Immigration Proceedings
- Business and Employment Visas (L1, E2, Perm EB 5, Nafta Treaty Visas)
Excerpts from the Immigration Blog