17 May There is 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 or a Lawful Permanent Resident.
- Have an approved Form I-130 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 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 April 28, 2017, we received an approval of N-400 for a client who was under Removal Proceedings before.
- On April 21, 2017, we received an approval of I-601A Provisional Waiver for a client who was denied I-601A before from a previous lawyer.
- On March 22, 2017, we received an Immigrant Visa approval for a child of Permanent Resident who is already 25 years of age but classified as minor under CSPA.
- On March 8, 2017, we received an approval of Provisional Waiver from USCIS for a seaman client.
- On March 2, 2017 we received an approval of Dismissal of Criminal Case for a client who is in Removal Proceedings.
- On February 23, 2017, we received an approval of Naturalization of a client whose spouse had a prior misrepresentation.
- On January 7, 2017, we received an approval of Provisional Waiver for a client who entered as crewman but has two autistic children.
- On December 28, 2016, we received an approval of adjustment of status for a client who entered without inspection but has Sec. 245(i).
- On December 21, 2016, we received an approval of I-601A waiver for a seaman to qualify to apply for green card
- On December 19, 2016, we received an approval of petition by a Dental office for green card.
- On December 15, 2016, we received an approval of adjustment of status for a client who entered without inspection with Sec. 245(i).
- We have more success stories at our website at crispinlozanolaw.com
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)