Marriage Green Card After Illegal Entry and I-601A Waiver

This case highlights how a marriage-based green card can still be achieved through consular processing, even in more complex situations.

Marriage Green Card After Illegal Entry: I-601A Waiver Approved

In this successful marriage-based green card case, I worked with a U.S. citizen and her husband, a Mexican national who entered the United States without inspection as a teenager in 2000. Like many individuals in similar situations, his case involved multiple legal challenges before reaching a successful outcome.

Background: Removal Proceedings and Prior Representation

In 2014, he was placed in removal proceedings. His previous attorney filed an application for cancellation of removal, and the case was administratively closed in 2016. However, this did not provide a permanent solution or a path to lawful permanent residence.  The couple came to my office in 2017 seeking a clear strategy to obtain a green card through a marriage-based process.

Step 1: I-130 Marriage-Based Petition

We began by filing Form I-130, Petition for Alien Relative, to establish the bona fide marital relationship. The petition was approved in approximately 10 months.

Step 2: I-601A Waiver for Unlawful Presence

Because the client entered the U.S. without inspection, he was not eligible to adjust status in the United States. Instead, we pursued a provisional unlawful presence waiver (Form I-601A). To qualify, we had to demonstrate that his U.S. citizen spouse would suffer extreme hardship if he were denied admission.  We prepared a robust application for a waiver of unlawful presence, with evidence documenting all aspects of the hardship his spouse would face if separated or forced to relocate, including health, financial considerations, impact on his three U.S. citizen daughters, and other factors.

Step 3: Resolving Removal Proceedings

A critical step in this case was properly addressing the removal proceedings. After the I-601A waiver was approved, I successfully moved to terminate the removal proceedings before proceeding with consular processing. This step is essential in many cases and must be handled carefully.

Step 4: Consular Processing and Interview 

After waiver approval and termination of removal proceedings, our lawyers proceeded with immigrant visa processing through the National Visa Center (NVC). We prepared and submitted all required civil documents, immigrant visa application and guided the client through each step of the process.  I also provided detailed interview preparation to ensure the client was fully ready. The consular interview went smoothly, and the immigrant visa was approved.

Final Outcome: Green Card Approval

Following the successful interview, the client entered the United States as a lawful permanent resident and receive his green card. Today, he continues to work, support his family, and remain an active member of his community—this time with the security of lawful status.

Married to A U.S. citizen? 

If you are married to a U.S. citizen and are considering applying for a green card, proper strategy is key—especially in cases involving prior immigration history. Schedule a consultation to discuss your options and the best path forward.

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