10 Jan Fiancée who did not marry the petitioner may qualify for green card
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 January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
- On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
- On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married. On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
- On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
- On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
- On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
- For the week ending September 8, 2017, we received four N-400 Naturalization approvals.
- On August 31, 2017 we received an approval of adjustment of status for a client who has problems with birth certificate which we corrected.
- On August 25, 2017, we received approval of I-751 removal of condition on same sex marriage/
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 Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)