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 US. 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. A waiver is also available if the alien is charged for fraud of willful misrepresentation of material fact in removal proceedings. This type of waiver is available to aliens who are:
• Spouse or son or daughter of a US citizen or alien lawfully admitted for permanent residence.
• The refusal of admission to the US would result in extreme hardship to the citizen or LPR relative.
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 US 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 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 actually married.
• On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
• Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
• Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy news
• Collection actions continue and you can be sued if you are in debt settlement.• 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.(Advertising Supplement)
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