Can those who used a different name or passport upon entry to the U.S. adjust status?

Can those who used a different name or passport upon entry to the U.S. adjust status?

For those who used a different name or passport upon their entry to the U.S., they still have a chance to get a green card.

Question:   What relief is available to aliens who entered the United States using a different name?

Answer:      If you are applying for adjustment of status and you used a name different than your real name upon your entry, you are one of those aliens who are inadmissible for committing fraud to gain entry into the U. S.  However, if you are qualified to adjust under Sec. 245(i) as beneficiary of a petition filed on or before April 30, 2001, you may be able to adjust status and request for a waiver of the misrepresentation by filing Form I-601.

Example:   Delia came to the United States in 1999 using a different name in her passport than her real name.  She married a U.S. citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001.  Delia’s real name is Rhea.  Can Rhea adjust status and what are the conditions?

Analysis:    The law requires that for an alien who apply for adjustment of status, the following is required:

  1. A visa is immediately available.
  2. Must have entered the U. S. legally and have legal status at the time of adjustment application.  If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.
  3. The alien is not inadmissible.  If she is inadmissible, there must be a waiver of inadmissibility approved.

Application of the Law to Rhea’s case:   The petition for Rhea by her husband is before April 30, 2001 and she was physically present in the U. S. on December 21, 2000.  Hence she is qualified to file for adjustment of status under Sec. 245(i). Since she entered the U.S. under a different name, she will need to apply for a waiver of inadmissibility to be approved for adjustment of status.

Note: This is not a legal advice.

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