It is safe to say that nearly everybody would choose to be granted permanent resident status (green card) through adjustment of status in the United States rather than consular processing in their native country. After all, the adjustment of status procedure is often conducted close to where you currently live, whereas consular processing requires you to leave the United States. And when you leave the U.S., there is always the fear that you will never be allowed to return.
But what if you are not eligible for adjustment of status? What if the only possible way for you to get your green card is by leaving the U.S. and applying for an immigrant visa at a U.S. Embassy abroad? Are you willing to take that risk? For one recent client of Reeves Immigration Law Group (RILG), who we will refer to as “Carmelita” to protect her privacy, she could not be happier with her decision.
Carmelita entered the U.S. from the Philippines more than 20 years ago. Her original plan was to visit family in the U.S. and then timely return to the Philippines. However, when it was time for Carmelita to go back home, she just could not leave her aging parents, both of whom are U.S. citizens.
Carmelita recognized that her elderly parents needed her help. They suffered from things like diabetes and hypertension, and they needed someone to help them manage their medications, take them to their doctor’s appointments, and go grocery shopping and prepare their meals. So Carmelita decided to overstay her allowable time in the U.S. to help her mom and dad.
In addition to serving as her parents’ caregiver, Carmelita also began an enriching and fulfilling life for herself in the United States. She got married, had children, and helped countless other families through her work as a registered nurse. In fact, she was such a great nurse that her employer offered to petition her for her green card.
However, because she had overstayed on her visa and was not protected under Section 245(i) of the Immigration and Nationality Act, Carmelita had to apply for a Provisional Unlawful Presence Waiver (I-601A) and thereafter leave the U.S. and apply for her immigrant visa at the U.S. Embassy in Manila.
Carmelita was represented by Attorney Sara Cross, who was assisted by Carla Castillo and Elisa Garcia. All three of them worked tirelessly to document the hardship that Carmelita’s parents would suffer if Carmelita was not given a green card, as well as the many contributions that Carmelita had made to the U.S. and why she deserved to be granted a favorable exercise of discretion.
Now, more than 20 years after initially entering the U.S. with a tourist visa, Carmelita finally her green card. She is thrilled with the decision she made to place her trust in RILG. She is happy with her green card, and she knows she will be even happier once she becomes a U.S. citizen!
