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What relief is available to aliens who entered the United States using a different name? There is still hope for those aliens as we will discuss hereunder.
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. In the I-130 petition, she used her real name and the USCIS discovered this matter when she showed her passport. 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 first requirement is satisfied because she married a US citizen and a visa is immediately available for her as the spouse. Since she entered the US under a different name, she is not qualified under the normal law of adjustment of status. She will need to file under Sec. 245(i). She qualified under Sec. 245(i) because she is present in the United States on December 21, 2000 and there was an immigrant petition filed on her behalf before April 30, 2001. Under the third requirement, Rhea is inadmissible because she entered under a different name and this is considered a misrepresentation. She will need to apply for a waiver of inadmissibility to be approved for adjustment of status.
Question: How can Rhea apply for waiver of inadmissibility?
Answer: Rhea will need to file an I-601 waiver and prove that it will be an extreme hardship to her US citizen spouse if her application for adjustment of status is denied.
Note: This is not a legal advice.
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