08 May Green Card for a Fiancée who did not marry the petitioner
By Atty. Crispin C. Lozano
Many fiancée who came to the United States and did not marry the U.S. citizen petitioner could not adjust status unless they qualify under the Violence against Women Act. However, there is a new provision in the law that allows these fiancée to waive the immigration violation of unlawful presence. This new law requires that they apply for Provisional Waiver of unlawful presence in the United States
This provisional waiver will allow the following aliens who have relatives who are U.S. citizens or green card holders to seek waiver of unlawful presence and be able to go to their home country to apply for green card. To qualify, they must prove extreme hardship to the U.S. citizen or green card holder spouse or parents if their application for permanent residence is denied. The beneficiaries of this provisional waiver will include:
- Those who entered as Fiancée and did not marry the visa petitioner.
- Seamen who entered the U.S. on a C or D visa and overstayed their visa and are not beneficiaries of Sec. 245(i).
- Those who entered without inspection and are not beneficiaries of Sec. 245(i)
- Those aliens who have lost their passports and have no proof of legal entry to the U.S.
To be eligible for a provisional unlawful presence waiver you must fulfill ALL of the following conditions:
- Be 17 years of age or older.
- Be an immediate relative of a U.S. citizen or a Lawful Permanent Resident.
- Have an approved Form I-130 petition or Form I-140 Employment Based petition or Form I-360 petition.
- Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Lawful Permanent Resident spouse or parent.
- Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
- Not have been scheduled for an immigrant visa interview by DOS before January 3, 2013.
- Meet all other requirements for the provisional unlawful presence waiver, as detailed in the Form I-601A and its instructions.
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
- You are subject to one or more grounds of inadmissibility other than unlawful presence.
- DOS initially acted before January 3, 2013, to schedule your Immigrant Visa (IV) interview for the approved immediate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa interview has been canceled, you failed to appear for the interview, or your interview was rescheduled on or after 3, 2013.Note: This is not a legal advice. The Law Office of Crispin C. Lozano has successfully represented scores of clients to get green cards under the provisions of provisional waiver.
- On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
- On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
- On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
- On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
- From March 4 to 26, 2019, we received six adjustment of status approvals.
- For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
- On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
- On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
- On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
- For the month of December 2018, we received approvals of I-751 for three clients.
- For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
- For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
- On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
- For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
- On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: firstname.lastname@example.org