Apr
21

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

Category: Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green card, Green card attorney, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Marriage green card processing time, Permanent green card, Top immigration attorney, Top immigration attorney in Phoenix, Undocumented immigrants Tags: , , , , ,

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, we 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.

👉 Schedule your consultation here: https://juraslaw.com/schedule-consultation/

Oct
29

By

How can an undocumented immigrant get legal status in the US?

Category: Asylum, Best immigration attorney in Scottsdale, Cancellation of removal, DACA, Immigration attorney in Scottsdale, Marriage Green Card, Top immigration attorney in Phoenix, TPS, U visa, Undocumented immigrants, Undocumented parents Tags: , , , , , , ,

Some undocumented foreign nationals may be eligible for asylum if they can establish that because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, are unable or unwilling to return to their country of nationality, and are unable or unwilling to avail themselves of the protection of that country.

Foreign nationals in removal proceedings may be eligible for cancellation of removal if (i) they have been physically present in the US for a continuous period of 10 years, (ii) have been persons of good moral character for 10 years, (iii) have not bee convicted of certain offenses, (iv) establish that removal would result in exceptional and extremely unusual hardship to US citizen or legal permanent resident spouse, parent or child and (v) warrant a favorable exercise of discretion.

Persons who: (i) have suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity (such as murder, rape, kidnapping, domestic violence), (ii) possess credible and reliable information establishing that (s)he has knowledge of details concerning the criminal activity, (iii) have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of criminal activity and (iv) criminal activity occurred in the US or violated a US federal law that provided for extraterritorial jurisdiction may qualify for U visa.

Certain persons are allowed to apply of adjustment of status notwithstanding the fact that they entered without inspection, overstayed, or worked without authorization if: they (a) are beneficiaries of a labor certification or visa petition filed on or before January 14, 1998; or (ii) are beneficiaries of a labor certification of visa petition that was filed after January 14, 1998 but on or before April 30, 2001, and were physically present in the US on December 21, 2000.

Undocumented immigrant’s spouse, adult child or parent who are US citizens may petition for their legal permanent resident status.

Temporary protected status (TPS) is a temporary benefit to certain nationals of designated countries due to conditions in the country (such as ongoing armed conflict, an environmental disaster, or an epidemic or other extraordinary and temporary conditions) that temporarily prevent the country’s nationals from returning. Countries currently designated for TPS are El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria and Yemen.

Undocumented persons who demonstrate that the (i) they came to the US before reaching 16th birthday, (ii) were physically present in the US on June 15, 2012, (iii) have continuously resided in the US since June 15, 2007, up to the present time, (iv) entered without inspection or were out of status on June 15, 2012, (v) were under the age of 31 on June 15, 2012, (vi) are currently in school, graduated or obtained a certificate of completion from high school, obtained GED certificate or are honorably discharged veterans of the Coast Guard or US Armed Forces may qualify for Deferred Action for Childhood Arrivals (DACA).

Please note that this article does not constitute a legal advice.  We simplified the law to outline some of the options to consider for undocumented immigrants to get legal status in the US. If you would like to obtain legal status in the US, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

Nov
20

By

Irena Juras Gets Dreamer her Green Card

Category: DACA, Dreamer, Green card, Green Card based on Marriage, Green card for Dreamer, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix, Legal permanent residency, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Undocumented immigrants

A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen. They had been married for 2.5 years and have three children born in the United States. We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”). She had a high school diploma and met the residency and other requirements for DACA approval. DACA was approved and she received her work authorization. Then, we filed a petition with the Dreamer’s husband as the petitioner. The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud. The petition was approved. Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother. The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally. Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application. The application processing time in Phoenix is now more than one year. Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived. It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family. She is very appreciative for my help in guiding her through this process!
If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a consultation to discuss how we can help you!

Feb
26

By

Marriage Green Card

Category: Green card, Green Card based on Marriage, Legal permanent residency, Marriage Green Card, Undocumented immigrants

Juras Law Firm receives calls from U.S. citizens all the time sharing with us very exciting news that they have married or are considering marrying a person who is not a U.S. citizen. They want us to represent them in the process of sponsoring their new spouse for a green card (U.S. permanent residence) based on marriage. Since there is lots of fraud in the area of applying for a green card based on marriage, there is a presumption of fraud. We help them rebut that presumption and make sure that the new spouse will not face negative consequences based on misrepresentation. There are two groups of spouses. First, the spouses that are already in the United States. Second, spouses still living in their home country. The spouses already in the Unites States may have another type of visa. Depending on the case, we help them establish that the marriage is bona fide through documentation and representation at the interview. They may be able to get their marriage green card without leaving the United States. Spouses seeking green cards based on a marriage that has entered the U.S. without authorization may need to get a waiver of illegal presence. We help them establish an extreme hardship to the U.S. citizen spouse if they are not allowed to stay in the United States. Once the waiver is approved, the final step is to schedule an interview at the U.S. Embassy or Consulate. The second group of spouses is spouses who are still living in their home country and want to apply for a green card based on marriage to a U.S. citizen. They are going through a two-step process. The first step is to establish that their marriage is bona fide and second is to attend an interview at the U.S. Embassy or Consulate in their home country. If you are considering applying for a green card based on marriage and want to make sure to minimize the time apart and avoid any negative consequences associated with the process, call us today at 480-425-2009 or contact us via our website and schedule a consultation today!