10 Nov Relief for 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 are married to U.S. citizens 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 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 (not a preference category immigrant who has a visa available). An immediate relative is an individual who is the spouse, child or parent of a U.S. citizen.
- Have an approved Form I-130 petition or Form I-360 petition.
- Have a pending immigrant visa case with DOS for the approved immediate relative petition and have paid the DOS immigrant visa processing fee.
- 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.
- 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 the experience and expertise in helping clients apply for provisional waiver.
- On October 21, 2016, we received an approval of N-400 naturalization for a client who has child support and tax debts issues by submitting documents proving good faith compliance.
- On October 20, 2016, we received an approval from USCIS for adjustment of status for a client who has hearing disability.
- On September 12, 2016, we received an approval from Immigration Court for a waiver of misrepresentation for a client who entered as single but actually married at date of entry.
- On September 1, 2016, we received an approval of naturalization from USCIS for two clients who has unpaid taxes but with IRS agreement.
- On August 11, 2016, we received an approval from USCIS of a green card based on employment without any interview.
- 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.
- 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.
- On July 11, 2016, we received an approval of I-360 self petition by abused spouse from USCIS.
- 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.
- 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.
- On April 28, 2016, we received an approval of PERM for a client who is employed in the Philippines.
- 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.
- 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.
- 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.
- On March 8, 2016, we received an approval of immigrant visa for a former crewman with whom we filed for provisional waiver.
- On February 3, 2016, we received an approval from USCIS of naturalization for client who has an approved waiver of misrepresentation.
- On January 28, 2016, we received an approval from USCIS for an I-360 self petition for abused spouse of U.S. citizen.
- 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.
- We have more success stories at our website at crispinlozanolaw.com