You may have unintentionally crossed the United States border without a valid inspection. Or, you may have almost felt forced to do so, given the serious issues you were facing in your personal life at the time. Well, whatever the specific case may be, you may not necessarily be proud of it. But now, you may fear it is too late to rectify it and adjust your status in the country with a green card. For this, please follow along to find out whether you are eligible for an exception when it comes to adjusting your status after an illegal entry, and how a proficient Baltimore County, Maryland green cards lawyer at Sheri Hoidra Law Office, LLC can work to defend your case.
Are there exceptions for adjusting status after an illegal entry?
Usually, you cannot adjust your status while remaining inside the United States if you initially entered illegally. This is regardless of whether you enter a valid legal marriage with a U.S. citizen, or have another citizen or lawful permanent resident as a family member willing and able to sponsor you. This is because, without a legitimate immigrant status in the first place, you cannot necessarily adjust it to a legal status.
However, one exception may be granted with the Section 245(i) Grandfathering Provision of the Immigration and Nationality Act (INA). This may apply to you if you were the beneficiary of an immigrant visa petition (i.e., Form I-130 or Form I-140) or labor certification properly filed on or before April 30, 2001. Then, if your petition was filed between January 14, 1998, and April 30, 2001, and you were physically present in the U.S. on December 21, 2000. Lastly, if you pay a $1,000 penalty. In short, this provision was made to help families stay together, even if their initial entry evaded proper inspection.
Another exception may be if you are protected under the Violence Against Women Act (VAWA). This provision may supply you with a special waiver of inadmissibility if you are a victim of domestic abuse committed by a U.S. citizen or lawful permanent resident who is your spouse, child, or parent. Similarly, you may petition for asylum if you crossed the U.S. border illegally when you fled your home country because of persecution or fear of persecution. Or, temporary protected status if returning to your home country would put you in grave danger, given its current state of war, disaster, or other unsafe conditions.
What happens if I do not qualify for any of these exceptions?
Unfortunately, you may not be covered by the grandfathering, VAWA, asylum, and temporary status provisions. If so, you may have no other choice but to exit the United States and apply for a green card through consular processing. Even so, your past illegal entry and stay may make your approval for an adjustment of status greatly challenging.
While we understand that you may not want to deal with any of this right now, it must be addressed for the sake of you and the life you have built in the U.S. So please allow a talented Baltimore County, Maryland immigration lawyer from Sheri Hoidra Law Office, LLC to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.