Question: What relief is available to aliens who entered the United States using a different name?
Answer: If you are applying for adjustment of status and you used a name different than your real name upon your entry, you are one of those aliens who are inadmissible for committing fraud to gain entry into the U. S. However, if you are qualified to adjust under Sec. 245(i) as beneficiary of a petition filed on or before April 30, 2001, you may request for a waiver of the misrepresentation by filing Form I-601.
Example: Delia came to the United States in 1999 using a different name in her passport as her real name. She married a US citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001. Delia’s real name is Rhea. Can Rhea adjust status and what are the conditions?
Analysis: The law requires that for an alien who apply for adjustment of status, the following is required:
A visa is immediately available.
Must have entered the US legally and have legal status at the time of adjustment application. If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.
The alien is not inadmissible. If she is inadmissible, there must be a waiver of inadmissibility approved.
Application of the Law to Rhea’s case: The petition for Rhea by her husband is before April 30, 2001 and she was physically present in the U. S. on December 21, 2000. Hence she is qualified to file for adjustment of status under Sec. 245(i). Since she entered the US under a different name, she will need to apply for a waiver of inadmissibility to be approved for adjustment of status.
Note: This is not a legal advice.
Immigration news
On November 7, 2011, we received an approval from the Immigration Court for waiver of misrepresentation for a person who entered the US as single but is actually married. The person can now apply with naturalization.
On October 25, 2011, we received an approval of adjustment of status for an alien who was originally deported in absentia.
On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was previously denied by USCIS.
On July 28, 2011, we received an approval of adjustment of status for an alien who entered the U. S. without valid documents but qualified under Sec. 245(i).
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 because they did it without an attorney. We filed a second I-130 petition that was approved based on good faith marriage.
Individual Tax ID number (ITIN) is required for those without Social Security Number to file income tax. We help in securing ITIN.
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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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