Illegal Entry

 

Illegal entry is the act of foreign nationals arriving in or crossing U.S. borders into a country without  inspection, and in violation of its U.S. immigration law. Individuals have entered the United  States without inspection (EWI) may later face a severe penalty and difficulty if they apply for adjustment of status to obtain a green card.

There are two exceptions to the EWI penalty

  • Parole into this country, or
  • Having a receipt of an ‘approvable’  petition filed  with USCIS (formerly INS)  on or before April 30, 2001 ( i.,e, section 245(i) cases).

Marriage will not cure the problem. In cases where an alien spouse entered the U.S. without inspection, the beneficiary would be required to leave the U.S. in order to complete processing in their home country.

Both the immigrant and the petitioner must understand that leaving the U.S. may, depending on how long they remained unlawfully present, result in a bar of up to 10 years before being permitted to return to the USA.

Although a waiver may be available for unlawful presence, a waiver is granted at the discretion of the government and only in cases of hardship. The standard required to prove hardship is high.

Immigration law is very complicated, and you may not be familiar with all of your immigration options. The Normandy Law Group has attorneys and lawyers in major metropolitan areas, including New York, Chicago, New Jersey, Charlotte, Los Angeles, to counsel on your immigration options.

Our job is to ensure that you will be in the best position to make decisions about your immigration.  

Call our toll free number (877) 670-5744 or email us for a free consultation.