Inadmissibility, Waivers and Adjustment of Status

I have been a legal resident for the past 16 years. My green card has expired and after I renew my green card, I want to apply for U.S. citizenship. Also my fiancé is illegal. He entered the U.S. with a false visa with someone else’s name etc. I am pregnant with his daughter and my due date is September 20, 2008. Is it possible to apply for a green card for him? Will I need to file a waiver? Or does he have to go back to Brazil? What are my steps? Thank you.
— Monaliza

You are welcome.

You raise several important issues. First, if you are otherwise eligible, you should immediately apply for United States citizenship by filing Form N-400, Application for Naturalization. It is important to realize that becoming a naturalized U.S. citizen does not happen over night. Rather, it may take a year or longer (depending upon where you live and the processing times when you file) before you are scheduled for an initial interview.

Second, since your fiancé is already in the United States, the only form you can file for him is a Form I-130, Petition for Alien Relative. This form requires that a legal marriage have occurred. So, you must get married to your fiancé. Once you become a citizen and are married, then you would be eligible to file an I-130 petition on your husband’s behalf as an immediate relative of a United States citizen. Even though your fiancé entered the United States with a fraudulent visa and passport, he is immediately eligible to apply for lawful permanent resident status because all such applicants must prove their inspection at entry into the United States by an immigration officer at a designated port of entry. However, as a result of his manner of entry, your fiancé may be deemed “inadmissible” to the United States pursuant to Immigration and Nationality Act section 212(a)(6)(C)(i). In that case, your fiancé may be eligible for a 212(i) fraud waiver that would “waive” his inadmissibility to the United States and allow him to adjust his status to lawful permanent resident. It is extremely important for the waiver to be properly prepared with all of the necessary supporting documentation and evidence and that it is properly filed with the United States Citizenship and Immigration Service (USCIS). As such, you should consult with an experienced immigration attorney who has a lot of knowledge of and skill in preparing and filing this waiver.

Michael Shane and Evan Shane, Immigration Attorneys

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K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
Thank you guys!
Ademir Pavao ★★★★★ a year ago
Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
Ricardo Bendito ★★★★★ 3 months ago
This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!