We recently received approvals for a husband and wife to obtain their permanent resident green cards. They entered the US in the early 1990s. The wife entered on a visitor visa. The husband entered without inspection (EWI). The wife worked as a cook for many years and her employer filed a labor certification for her in the late 1990s. For many years, she tried to convert the labor certification into a green card, but she was represented by several inexperienced attorneys that botched and re-botched her case for years.
Ultimately, I helped her son obtain his green card through marriage, and subsequently helped him become a US citizen through naturalization. After he became a US citizen, we filed visa petitions and I-485 adjustment of status applications for his parents (as the parents of a US citizen). Because the mother entered legally, we filed a standard I-130 visa petition and I-485 concurrently; however, because the father entered illegally, we filed a 245i adjustment case for him (requiring an additional $1000 filing fee).
At the interview everything went smoothly. I had worked with the Santa Ana officer many times and she approved the case.
When my clients finally received the permanent resident cards, they were overjoyed and relieved. Over the years many attorneys had made false promises, so they were skeptical that I would resolve the case until they finally received the cards in hand. Now, they can live and work in the United States without fear that they could be separated from each other and their children without warning. After 20 years of calling the US their home, they now have the legal status to feel safe here.
If you are in the US illegally, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you better understand your situation and whether you have options for obtaining a green card.
Categories: adjustment of status, EWI, green card, I-130, I-485, immigration lawyer, interview, Mexico, naturalization, permanent resident, Santa Ana, visa petition
One of our clients from Idaho re-entered the United States today as a lawful permanent resident after years of living here in unlawful immigration status. He has lived with his wife and children in Idaho for over a decade. They contacted us a couple years ago asking how they might legalize his status. He entered the US without inspection (EWI) over a decade ago. He married his wife many years ago and they had children together.
At the time I advised him that we could pursue the I-601 process if we could prove that it would cause his US citizen wife “extreme hardship” if he were not allowed to live in the US. When they were finally ready to start the process, the new I-601A waiver had become available. We filed the I-130 visa petition for him and it was approved. Then, we filed the I-601A unlawful presence waiver with USCIS. In our waiver packet, we argued that his wife, who has had medical problems for many years, would not be able to care for their children without him. She would not be able to care for herself without him. We provided substantial evidence. The I-601A was approved by USCIS.
Then, we proceeded to file for the immigrant visa through the Department of State. Our client went to Ciudad Juarez to process the immigrant visa and he returned to the US within a week. Everything went smoothly at the consulate and he re-entered the US at El Paso, Texas today. He will fly back to Idaho later today.
If you are in the US illegally and are married to a US citizen of lawful permanent resident, contact Nelson & Nuñez to see if we can help. Nelson & Nuñez will personally meet with you and help you better understand your options.
Categories: ciudad juarez, El Paso, EWI, extreme hardship, i-601, I-601A, Idaho, immigration lawyer, marriage-based, Orange County, permanent resident, USCIS, waiver
Jay authors these blog postings. Please contact Jay with any questions.