out of status

I-601A – THE NEW UNLAWFUL PRESENCE WAIVER & IMPORTANT TIPS AS THE LAW TAKES SHAPE

As the new I-601A (Unlawful Presence Waiver) takes shape, questions and concerns are mounting by clients and immigration attorneys alike.  This exciting new law which allows individuals who Entered Without Inspection (“EWI”) and have qualifying U.S. Citizen relatives to adjust status while in the United based on a waiver is limited.

First, it is important to remember that the approved Permanent Visa Green Card must be “picked up” abroad at a U.S. consulate.  This can trigger additional inadmissibility… Continue reading

ILLEGAL OR OUT OF STATUS IF YOU ARE A CRIME VICTIM—-U VISA STATUS OPTIONS

If you know someone who is out of status here in the United States and has been the victim of a crime, he or she may be eligible for a U Visa. U visas are available to foreign nationals or aliens who are in the United States  and entered without inspection (“EWI”) or  have overstayed an original visa grant.

U visas have even been considered and granted by U.S. Citizenship and Immigration Services (“USCIS”) based on the… Continue reading

You and Family Becoming Legal in the U.S.–245i Eligibility and Grandfathering

INA 245(I)  is the latest grace extended by the U.S. government to legalize anyone in the United States back in April 2001 who overstayed their current U.S. visa or walked across the border without inspection (EWI).

In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:

1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001.… Continue reading