Asian Journal- The Filipino-American Community Newspaper

Question:    What is meant by “entered without inspection”?

Answer:    Entered without inspection means an alien who entered through the U.S. borders of Canada and Mexico without having passed a U.S. Immigration Officer checked his visa and passport.

Question:    Can those who entered without inspection adjust status?

Answer:    The following categories of alien who entered without inspection may adjust status:  

Abused spouses and minor children of U.S. citizens and Lawful Permanent Residents who entered without inspection may adjust status regardless of the date they entered the U.S.  They may file a self-petition for themselves and for their children.  

Aliens who entered without inspection who are present in the United States on December 21, 2000 and who are beneficiaries of a petition or labor certification filed on or before April 30, 2001.  

Question:    Who may file a self-petition as abused spouse or child?

Answer:    The following may file a self-petition:

Spouse of U.S. citizen (USC) or Lawful Permanent Resident (LPR);

Former spouse of USC or LPR and the divorce took place within the last two years and were related to domestic violence.

Spouse of USC or LPR who was a bigamist and you married him in good faith and with intent to legally marry.

An abused “intended spouse” (fiancée) of USC or LPR;

Abused child of USC or LPR.

Question:    Who can file adjustment of status under Sec. 245(i)?

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