Green card for seaman through Expanded Provisional Waiver

31 Aug Green card for seaman through Expanded Provisional Waiver

By Atty. Crispin C. Lozano

Usually a seaman could not get a green card unless he has qualified under Sec. 245(i) which means he has a petition prior to April 30, 2001, and in some cases physically present in the United States on December 21, 2000.  To avoid confusion about Sec. 245(i) eligibility, it is recommended to consult with an immigration attorney because the law on this matter is complicated.

Now, with the passage of the expanded Provisional Waiver regulation, a seaman who has no Sec. 245 (i) eligibility can get a green card.

1. What are the conditions for a seaman to qualify for the expanded provisional waiver?
2. A. To be eligible for the expanded provisional unlawful presence waiver you must fulfill ALL of the following conditions:
3. Be 17 years of age or older.
4. There must be an approved family or employment based petition where the priority date is current.
5. Must have a spouse or parents who are U.S. citizens or Lawful Permanent Resident;
6. Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen spouse or parent.
7. Be physically present in the United States to file your application for a provisional unlawful presence waiver and provide biometrics.
8. Meet all other requirements for the provisional unlawful presence waiver.

You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:

1. You are subject to one or more grounds of inadmissibility other than unlawful presence.
2. You are in removal proceedings that have not been administratively closed.

Note:   This is not a legal advice.  The Law Office of Crispin C. Lozano has the experience and expertise in helping clients apply for provisional waiver.

SUCCESS STORIES

1. On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
2. On July 29, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for entering as single but actually married.
3. On July 21, 2016, we received an approval of Naturalization from USCIS for an alien who has an approved waiver for using a different name.
4. On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
5. On June 15, 2016, we received an approval of I-601 waiver for a client who made a misrepresentation when she entered on an A2 visa under another person name.
6. On May 25, 2016, we received an approval of green card for a client who used a different name from her birth certificate. We proved that she has been using her different name since she was in grade school.
7. On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
8. On April 19, 2016, we received an approval from USCIS for naturalization of a client who has a criminal record that happened five years ago.
9. On April 11, 2016, we received an approval from USCIS for adjustment of status for a client who used a different name on her passport.
10. On April 5, 2016, we received an approval from USCIS for petition by son to a father. The son was born out of wedlock and the father’s name was not on his birth certificate.
11. On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
12. On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
13. On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
14. On January 26, 2016, we received an approval from USCIS for an adjustment of status for client with big age difference with the U.S. citizen spouse based on good faith marriage.
15. On December 18, 2015, we received an approval of petition for adoption that was previously denied because client did the petition by them.
16. On December 11, 2015, we received an approval of DACA for a client who was in removal proceedings.
17. We have more success stories at our website at crispinlozanolaw.com