ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 12

Thread: Accused of being EWI by USCIS mistake

  1. #1
    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. #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!!!!

  3. #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."

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

  5. #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.

  6. #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."

  7. #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.

  8. #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.

  9. #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.

  10. #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.

Similar Threads

  1. EWI by USCIS mistake
    By Conchal23 in forum Immigration Discussion
    Replies: 5
    Last Post: 05-03-2010, 11:23 AM
  2. American women accused of being abusive?
    By max-one in forum Immigration Discussion
    Replies: 19
    Last Post: 05-02-2007, 02:11 PM
  3. Need Help Falsy Accused
    By Nap in forum Immigration Discussion
    Replies: 1
    Last Post: 08-12-2005, 11:30 PM
  4. Mistake made by USCIS was corrected at the POE...
    By JamesWJH in forum Immigration Discussion
    Replies: 2
    Last Post: 02-15-2005, 12:34 AM
  5. Two INS Workers Accused of Shredding
    By in forum Immigration Discussion
    Replies: 8
    Last Post: 01-31-2003, 07:16 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: