Green Cards and Entering Without Inspection (EWI)
If you are a citizen of another country and you are entering the USA, you are asked for identity documents at the border /port of entry. The immigration officer will determine whether or not you should enter.
However, some individuals have entered the United States without inspection (EWI) and, as a result may later face a severe penalty and difficulty if they apply for adjustment of status to obtain a green card.
In cases where an arriving foreign national enters the U.S. with inspection, even if he or she presented false documents (such as a false passport or birth certificate), a waiver or excuse may be granted and a green card could later be granted.
There are two exceptions to the EWI penalty
1) Parole into this country, or
2) Having a receipt of an ‘approvable’ petition filed with USCIS (formerly INS) on or before April 30, 2001 ( i.,e, section 245(i) cases).
Some people ask “What if I marry a US Citizen?”
Unfortunately, marriage will not cure the problem. In most cases where an alien spouse entered the U.S. without inspection, the beneficiary would be required to leave this country in order to complete processing in their home country.
Both the immigrant and the citizen must understand that leaving the USA may, depending on how long they remained unlawfully present, result in a bar of up to 10 years before being permitted to return to the USA.
Although a waiver may be available for unlawful presence, a waiver is granted at the discretion of the government and only in cases of hardship. The standard required to prove hardship is high.
Talk with an attorney to determine how long a person would be out of the country waiting on a greed card. It is important to know how to calculate the dates for filing an application because other relief may be available.
“What if my US Citizen spouse filed for me before April 30, 2001, but we divorced before I got my green card? Can I still use that paperwork?”
Yes , if it can be shown that the marriage was valid at the beginning. and not a sham. If there is a valid second marriage to a US citizen, it would not be necessary to leave before receiving a green card.
Comment below.
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Tags: 245(i), ewi, Green Cards, illegal entry into the U.S., immigration law, unlawful presence
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This was a great post. short, simple and to the point but still informative. Thanks.
We are in the same situation I’m a us citizen and my wife is an illegal immigrant I talk to a lawyer and she is helping us I’m going to pay her 1500 dollars for her work hopefully my wife will be able to return
Rafael, we wish you much success with your case.
This describes my situation. I recently married a U.S. citizen. I was brought to this country at roughly 18 months of age. I had no choice, I was brought in without inspection. Is it possible to plea my case before a USCIS panel? Any recommendations?
I am kind of in the same situation as you. My mom had to leave the country from my abusive dad. I stayed with my grandparents for a year, but they couldn’t afford to take care of me so when I was 6 years old I came here illegally (EWI) in order to be with my mom. There was no way I could stay with my dad.
No one is answering, but I have the same question. A friend of mine was brought here illegally when she was five, by her mom. She’s going to graduate HS soon, but she can’t get a drivers license and going to college is hard. Isn’t there some way she can cure this illegal entry she didn’t cause?
You bring up an interesting point. Can a one time illegal ever actually get a legal green card? I know that there was a case where a man who had legally entered with a eb5 green card (if you do not know about that visa, I encourage you to read up on it!) but had hired illegals. It is unclear whether he did so knowingly or not, but the mans visa was rescinded. He then gained another one and has remained in compliance. So, the nation can be forgiving, but I wonder if it is more of a loophole issue than one of compassion.
Harold asks a very good question here. I personally do not think that a criminal should be given a green card unless he has paid his debt to to society, and the crime was not an extreme one. I know it is not my decision to make, but I feel pretty strongly about it.