Being eligible for adjustment of status can make a huge difference in a person’s life. It allows people to receive their green cards without ever having to leave the United States. This is especially important for migrants who would trigger an unlawful presence bar that would prevent them from timely returning to their family and friends in the U.S. (though an I-601A Provisional Unlawful Presence Waiver could help).
Unfortunately, there is sometimes confusion about whether a person is actually eligible for adjustment of status. This uncertainly often comes up when a foreign national has entered the United States with a “C” visa. A “C” visa could be for a crewman or for a person who is transiting through the U.S. to a third country. Crewman are generally not eligible for adjustment of status, whereas those who enter the U.S. with a transit visa may be eligible.
This is exactly what happened with a recent RILG client, who we will refer to as “Mario” to protect his identity. Mario entered the U.S. in 2018 with a “C” visa and thereafter married a U.S. citizen. He applied for adjustment of status without the assistance of an attorney, but USCIS denied his application alleging that he was not eligible because he was a crewman.
Mario then sought the assistance of RILG. He initially spoke with RILG’s Managing Attorney, Devin Connolly, who identified the issue right away. Attorney Connolly assured Mario that USCIS was mistaken and that his application for adjustment of status should have been approved rather than denied. Mario was scared to be deported, but he trusted that Attorney Connolly was correct since he was successful on this exact type of case in the past.
Mario retained RILG and he began working closely on a new application with Attorney Connolly and Attorney Ivan Infante. Only this time, Mario’s application would include a detailed legal brief stating why Mario was eligible for adjustment of status. Attorney Infante provided USCIS with a clear and comprehensive legal and factual analysis of why Mario should be considered to have entered the U.S. with a “transit visa” and not with a “crewman’s visa.”
We are now happy to say that Mario’s application has been approved and he has finally received his green card. Mario is thrilled that he can remain in the U.S. with his wife and that they can start a family without having to worry about Mario being deported someday.
