There are alien immigrants who entered the US border without being inspected by the Immigration Officer. This immigration violation is called “Entry without Inspection.” Any alien who entered without inspection is inadmissible. This means that they are present in the United States without authorization from the USCIS. In many cases they get married to a US citizen and they tried to adjust status. If they have no pending petition on or before April 30, 2001; the sec. 245(i) eligibility, they are not qualified to adjust status. The only avenue available is to adjust status in the Immigration Court. The Immigration Judge has the authority to waive the immigration violation in the case of an alien who is the spouse, son or daughter of a United States citizen or of an alien lawfully admitted to permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien.
For example, Jessie, a Filipino, joined a tour to Guadalupe, Mexico and he was encouraged by a friend to enter the US through the Tijuana, Mexico border. He was able to enter the US through a friend and lived with his friend for five years. Later on he met Madonna, a US citizen, while in a party. They became good partners and later on got married. Madonna filed a petition for Jessie with adjustment of status with the USCIS. The adjustment of status was denied because Jessie has no Sec. 245(i) eligibility. He was later on sent to removal proceedings. Will the Immigration Judge approve his application to adjust status?
In this case, the Immigration Judge has the discretion to waive his immigration violation of entering through the US border without inspection if Jessie can prove to the satisfaction of the Immigration Judge that Madonna will suffer extreme hardship if his application for adjustment of status is denied and he will be removed from the US. If extreme hardship can be proven, then the adjustment of status will be approved.
Note: This is not a legal advice.
Immigration news
• On July 28, 2011, we received an approval of adjustment of status for an alien who entered the US without valid documents.
• On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
• On June 28, 2011, we received an approval in Immigration Court for an adjustment of status. The applicant was previously denied on the I-130 petition. We filed a second I-130 petition that was approved based on good faith marriage.
• On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
• On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
• On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but is actually married.
Bankruptcy news
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
• Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
• If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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