A Green Card Decades After Entry As A Crewman

Summary

Entering the U.S. with a crewman’s visa will often prevent a person from being granted adjustment of status. And when a person also has an outstanding order of deportation, the path to a green card is even more challenging. But it is not impossible!

Our client, who we will refer to as Ramon to protect his confidentiality, was convinced that he would never be able to get his green card. He thought that his immigration case was hopeless, and it did not even matter how much time and money he invested into resolving his immigration status in the U.S.

Ramon had originally entered the U.S. in the 1990s with a crewman’s visa. Although he initially only planned to stay in the U.S. temporarily, he decided to stay in the country even though he would not have lawful immigration status. Ramon was also introduced to a man who promised to help him legally obtain work authorization and a social security number. Ramon trusted this man and believed that it was only a matter of time before he would receive his work permit.

Unfortunately though, the man purportedly helping Ramon was actually taking actions that would hurt Ramon. Without Ramon’s knowledge, this man filed an application for a green card stating that Ramon was married to a U.S. citizen. This was not true. Ramon was a victim of fraud, as this man forged Ramon’s signature and submitted false documents on his behalf.

Ramon decided to move on with his life and he tried to forget all about what happened. He eventually met, and actually did marry, a U.S. citizen. Ramon and his wife decided to consult Reeves Immigration Law Group (RILG) so that Ramon could hopefully get his green card after years of waiting.

The attorneys at RILG explained to Ramon that his U.S. citizen wife could file a marriage-based petition on his behalf, but because he last entered the U.S. as a crewman, he would not be eligible to adjust his status in the U.S. He would instead need to depart and apply for an immigrant visa at the U.S. Embassy in the Philippines. And because he had more than one year of unlawful presence in the U.S., he would be subject to a ten-year bar to reentry upon his departure. To overcome the reentry bar, Ramon was informed that he needed to file a provisional unlawful presence waiver application.

Ramon was also informed that he had an additional hurdle to overcome. Ramon had a deportation order since he had previously failed to attend an immigration court hearing years earlier. Nevertheless, Ramon did not lose hope and decided to retain the services of RILG.

Ramon’s case team at RILG thereafter guided Ramon and his wife through the entire process. This included preparing the necessary application and supporting documents, as well as thoroughly preparing Ramon for the visa interview. Ramon and his attorney discussed what type of questions he should expect at his visa interview, how to prepare his answers, and what documents would be necessary.

After everything that Ramon had been through during his more than 20 years in the U.S. – being the victim of fraud, being ordered deported, finding work despite not having valid immigration status – Ramon was thrilled when he finally received his immigrant visa. This allowed him to return to the U.S. and start a new life with his family.

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