Question: Can you adjust status after entering without inspection (EWI)?
Answer:
Entering the United States without inspection (EWI) presents significant challenges when it comes to adjusting immigration status. However, it’s not entirely impossible. Here’s what you need to know:
- Eligibility for Adjustment: Generally, individuals who entered without inspection are not eligible to adjust their status to lawful permanent resident while remaining in the U.S. They must usually leave the country and apply for a visa at a U.S. consulate abroad. However, this departure can trigger bars to reentry due to unlawful presence.
- Waivers of Inadmissibility: Some individuals may qualify for a waiver of inadmissibility, which allows them to adjust their status without leaving the U.S. These waivers are typically granted in cases where the individual can prove that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
- Special Circumstances: Certain pathways, like the U visa for victims of crime or the VAWA (Violence Against Women Act) provisions, may allow individuals with EWI status to adjust their status within the U.S. These programs are designed to protect vulnerable individuals and provide a route to legal status.
- Legal Assistance: Navigating the adjustment of status process after an EWI is complex and requires thorough legal knowledge. Consulting with an experienced immigration attorney is crucial to explore your options and understand the best course of action.
If you or someone you know is facing the challenges of adjusting status after entering without inspection, seeking professional legal advice is essential. For detailed insights and expert guidance on this process, visit here. Get the right support to navigate this challenging journey and secure your future.