For those non-immigrants who crossed the border and have form I-130 (marriage or family based petitions) approved while being in the US, this blog addresses how you shouldn't rush to file an unlawful presence waiver but have your entire case evaluated.
During a consultation, I have often discovered that a lot of individuals either are not aware or don’t consider failing to appear in immigration court an issue. A proper case evaluation is extremely important because you don’t want to waive certain issues such as unlawful presence or fraud but forget that you may have a deportation or removal order hovering over your head. Be honest about your situation so an experienced immigration attorney may be able to assist you and strategize your case properly.
The phrase “crossing the border” usually means that you entered the United States without being inspected by an immigration officer or official. The general rule is that if you are a non-citizen who entered the United States without lawful status, then technically there is no way to change your unlawful status to a lawful one within the United States. There are exceptions to this general rule and it is impossible to address them all in a blog.
Evaluating your case properly is an investment and cautionary tool in understanding what your path is related to your immigration matter. You don’t want to ignore any issues from the past that may lead to you discovering at a later time that you have a bar to re-enter the United States after you leave. Then you’re stuck.
Some non-citizens may qualify under section 245i of the INA which is an exception for some non-citizens who entered the United States without being inspected. If your family member or employer filed a petition for an immigrant visa for you before April 30, 2001 then you may still qualify under section 245i to adjust your status from within the United States subject to you meeting certain physical presence requirements as well. It all depends on your immigration history and this can only be evaluated by an experienced immigration attorney.
Immigration law is complicated and it is not as simple as just applying for a waiver either because you also need to see whether you even qualify to for one. The unlawful presence waiver doesn’t fit into every immigration matter and failure to address any final order of removal, deportation, or exclusion before the immigration court will result in the improper strategy for your matter.
So, don’t rush! Get your case evaluated before filing anything!
(This information should not be construed as legal advice and it is only for informational purposes. This blog does not constitute any attorney-client relationship. Blog was written by Attorney Poonam Minhas)
Comments