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Accused of being EWI by USCIS mistake

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  • Accused of being EWI by USCIS mistake

    a temporary resident in the 80's, entered via a main airport. No I-94 since the person was a resident. Person claims they did not have a passport (not required back then to travel to Mexico) so there is no stamp. The officer checks the temp card and gives the green light. Now after all those years the eprson applies for AOS, USCIS denies since they are claiming a that the above decribed entrance was an EWI. Person has an approved I-130 by U.S Citezen spouse. Can they do consular processing without leaving, there are U.S citezen children involved. help!!!!

  • #2
    a temporary resident in the 80's, entered via a main airport. No I-94 since the person was a resident. Person claims they did not have a passport (not required back then to travel to Mexico) so there is no stamp. The officer checks the temp card and gives the green light. Now after all those years the eprson applies for AOS, USCIS denies since they are claiming a that the above decribed entrance was an EWI. Person has an approved I-130 by U.S Citezen spouse. Can they do consular processing without leaving, there are U.S citezen children involved. help!!!!

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    • #3
      What do you mean by temporary resident? Did he/she have a Border Crossing card or something?

      The I-130 approval doesn't mean much. It just means that they agree that the applicant has a valid US Citizen sponsor (immediate family or employer). What was the application in connection with?
      "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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      • #4
        Very confusing question. If the person was a resident, what is the problem?

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        • #5
          She was on a tempoary card because she was part of an amnesty in which her sister petioned for her visa but it is not equivalent to an Immidiate Relative Petition so she is not 245 (i) eligible.

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          • #6
            As drooling wolf said, she will need to prove her physical presence in the US since the date she entered or else it's a no go.

            According to Unique, a regular poster on here familiar with CSS/LULAC cases it's highly unlikely she'll be successful. Most get turned down due to lack of the physical presence evidence.
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              1. Only legal permanent residents get temporary Form I-551.

              2. If he wasn't a legal permanent resident at the time, then what was the document he provided?

              3. Was it a legalization card, Form I-688A?

              4. If he wasn't a legalization applicant/card holder, then the entry was an EWI.

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              • #8
                Yes, she held an I-688A. She was legit at the time. Thank you for your replies, they have been very helpful. I will post the outcome of the case for future reference.

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                • #9
                  u need a experienced immigration lawyer who are only interested in dealing with EWI / Removal cases. Ask the lawyer what is ur particular interest.
                  Even if u entered USA as EWI and if that entry was before April 1997, ur eligible to adjust ur status without leaving USA. 3 years and 10 year bar only applicable if EWI entry was made after 3 year / 10 year rule became effective.
                  In ur case u were present in USA before this 3 year / 10 year law took place.

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                  • #10
                    Remember though, to EWI means entry without inspection. Anyone, including a USC can be prosecuted for EWI, because that is a crime under the United States Code. Was the person apply for admission at a Port of Entry and was she inspected by an immigration officer? Sometimes even legal aliens and USC try and cross the border illegally.

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                    • #11
                      She was inspected by an immigration officer. She was at the aiport. The problem is that the procedures for checking proper documentation in the 80's and now are quite different. Thanks

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                      • #12
                        She can file a Freedom of Information Act request to show she was inspected with CBP.

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