What does enter without inspection mean?
Entry without inspection (EWI) occurs any time a foreign national crosses into the U.S. without presenting themselves at a border checkpoint and obtaining permission to enter the country.
Why would an adjustment of status be denied?
Criminal Issues and/or Immigration Violations If you have committed certain crimes such as drug crimes, money laundering, prostitution, terrorism, aggravated felonies, or other crimes of moral turpitude you may not be eligible to apply for adjustment of status.
Is adjustment of status illegal?
An unlawful entry into the United States can have severe consequences for individuals looking to adjust their legal status. U.S. immigration law has created a number of penalties for those who enter and stay in the country without permission.
Can I stay in US while my adjustment of status is pending?
Yes, you can work in the United States while your adjustment of status application is pending if you have a valid Employment Authorization Document (EAD). You can’t work in the United States without an EAD. People applying for an adjustment of status are welcome to apply for work authorization as well.
Can an arriving alien adjust status?
As an “arriving alien,” USCIS will oversee your application. This means that you should apply for adjustment of status through USCIS, and the Immigration Judge (as a representative of EOIR) cannot grant your adjustment of status.
Can USCIS deny adjustment of status?
There are numerous grounds of inadmissibility that USCIS reviews before granted adjustment to permanent resident status. All can lead to an adjustment of status denial. Generally, foreign nationals may be barred from adjusting status if they: Worked in the U.S. without employment authorization.
Can I adjust status if I overstayed?
If you’re an immediate relative of a U.S. citizen who entered legally (through a nonimmigrant visa, for example), you can adjust status to a green card holder by filing Form I-485 even if you overstayed a visa.
What happens if adjustment of status is denied?
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
What happens if you are denied adjustment of status?
Can you refile I-485 after denial?
When re-filing, applicants may need to re-file I-129F or I-130 if USCIS either denied or revoked them. Otherwise, applicants can go ahead and simply complete a new I-485 and include any accompanying evidence and filing fees.
Can I refile I-485 after denial?
If U.S. Citizenship and Immigration Services (USCIS) denies an I-485, there are options available to applicants, including a motion to reconsider or reopen, appealing the decision, and re-filing.
Can I adjust my status if I entered the US without inspection?
You are not eligible to adjust your status while inside the United States if you entered without inspection. There is a waiver under INA section 245 (i), but it requires that an immigrant petition (i.e. I-130, I-140) was properly filed on your behalf, and approvable when filed, prior to April 30, 2001.
What is entry without inspection without inspection (EWI)?
Entry Without Inspection (EWI) and Family Unity Waiver in a Nutshell April 6, 2012 Persons who unlawfully enter the U.S. without inspection or parole (entry without a visa issued at a consular post abroad or inspection at an authorized port of entry) are considered to be “inadmissible” under the Immigration and Nationality Act (INA).
What happens if you enter the US without an inspection?
[^ 48] For example, parole does not erase any periods of prior unlawful status. Therefore, a noncitizen who entered without inspection will remain ineligible for adjustment of status, even after a grant of parole, unless he or she is an immediate relative or falls within one of the other designated exceptions to INA 245 (c) (2) or INA 245 (c) (8).
What if I am not eligible for adjustment of status?
If you are not eligible for adjustment of status, then the best option is to file for a provisional unlawful presence waiver, commonly know as an I-601A waiver. Have More Questions? Contact us Today at (949) 478-4963.