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Green Cards and Entering Without Inspection (EWI)
Entering Without Inspection (EWI)
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. 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.
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 Entering Without Inspection 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 came to America by entering without inspection EWI but later marry a US Citizen?”
Entering Without Inspection EWI and Adjustment of Status by Marriage
Unfortunately, marriage will not cure the problem. In most cases where an alien spouse last came to the U.S. by entering without inspection (EWI), 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.
Immigration Guys on Entering Without Inspection EWI and Green Cards
Participate in the conversation by leaving your comment below.
Written by Peter J. Loughlin, Esq. & Thomas W. Goldman, Esq.
Thomas W. Goldman, Esq., J.D., LL.M., and Peter J. Loughlin, Esq., J.D., LL.M., are US immigration lawyers and the founders of Goldman and Loughlin, PLLC Law Firm, a national immigration law firm with offices in Orlando, Florida and Naples, Florida and Bradenton Florida.
Filed under: Green Cards · Tags: 245(i), entering without inspection, ewi, Green Cards, illegal entry into the U.S., immigration law, unlawful presence
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Question. I am a US Marine. Citizen. Born in Metropolitan hospital in NYC. My parents have lived in the US since 1989. illegally. I turned 21 four days ago and went down to the base legal department to start my parents citizenship proccess. My parents came here on a tourist Visa, and clearly have stayed past their alloted time. During this time, they have gone down to Mexico twice, for a few weeks each time, to visit family and whatnot. The legal department is telling me that this could possibly mean that they could never receive citizenship b/c this could mean a double Entry without Inspection. I’m not 100% on the circumstances on which they departed and returned those two times. But the lady assures me that since they overstayed their time, and went on vacation for a few weeks, then came back, they violated a bar that is automatically put in place when a person over stays their permitted time. Would the manner in which my parents departed and returned to the US for these two vacations possibly exempt them from this rule? (wheather they came in legally or illegally, returned on some sort of VISA?) If how they left and returned matter, i can give you guys that information.
I just recentlly started this proccess, so i’m not too farmiliar with the terms and rules; but this lady is assuring me there is no way around a double entry without inspection, or a violation of the time bar placed when someone overstays their allowed time.
I’m hoping someone here can clear this up for me, or maybe know of some waivers.
All I’ve wanted for a very long time is to get my parents this citizenship. They’ve lived in the US for 21 years, paying taxes, working, raising 3 born citizens, one of which (myself) is a Marine that has deployed to Afghanistan, and is going back shorty. Another which is currently attending Phillips Academy in Andover on a full scholarship. Its just hard for me to beleive that they don’t qualify for citizenship after all this. Or maybe its just hard for me to accept. So much is riding on this, help insurance, things of that nature. My parents are getting old; theyve had a rough life as first generation immigrants. Them not quilifying would be crushing to me.
Well, thats my story. Thanks in advance for any help or usefull information. I can be contacted at alejandro.avellaneda@usmc.mil if anyone would like to help me out personally. Thanks for your time.
I am a citizen of the United States and married to an illegal from Mexico. Papers were filed for him by his brother who born in the United States on May 15, 2001. We again filed papers when we got married in 2005. However, the lawyer we hired told us that once my husband leaves the US, he would be faced with a 3/10 year bar. Therefore the lawyer who told us not to go to any of the appointments we had in Juarez. The lawyer stated that my husband would not be able to return. My husband has no criminal record here in the U S nor in Mexico. He even went to the IRS office and requested an ITIN number to report earnings and file taxes. They assigned him an ITIN number to file his taxes but would not allow him to work with the ITIN number. Why did the government give him an ITIN number to file taxes because he couldn’t use that ITIN number to work? This didn’t help with his situation to live free from fear in the US? How can I help my husband?