Green Card Through Provisional Unlawful Presence Waiver

People are obviously disappointed to learn they are not eligible for adjustment of status.  But a green card may still be possible. Read about one RMZD client who was recently granted a Provisional Unlawful Presence Waiver.

At Reeves Miller Zhang & Diza, we have many clients who have an approved Immigrant Visa petition from a relative or employer, but are unfortunately ineligible to be granted permanent resident status in the U.S.  This ineligibility could be due to a variety of reasons, such as entering the U.S. as a crewman, entering the U.S. with a K-1 Fiancé(e) but not marrying their petitioner, or many other reasons.  The specific reasons are often different, but what is the same is our clients’ hesitation to depart the U.S. for their native country.

One such client is “Maria,” a native and citizen of the Philippines.  [Name has been changed to protect our client’s privacy].  Maria lawfully entered the U.S. more than 10 years ago.  However, the U.S. Citizenship and Immigration Service (“USCIS”) did not believe that Maria was lawfully admitted to the U.S.  As a result, they denied her application for adjustment of status, which would have allowed her to be issued her green card without ever departing the U.S.

Maria quickly learned that, even though her application for a green card had been denied, there was an alternative way she could be granted permanent resident status.  Maria’s attorney, Devin Connolly, explained that she could still become a permanent resident, but that she would be required to briefly return to the Philippines. Maria’s attorney also explained to her that she could not immediately leave the U.S. due to her unlawful presence in this country for more than a year.  Rather, she would first have to obtain a Provisional Unlawful Presence Waiver.

Maria and Mr. Connolly immediately began preparing the necessary documents to prove that her U.S. citizen husband would suffer an extreme hardship if her waiver was not granted.  These documents included doctor’s letters and medical records, tax returns and recent pay stubs, government documents regarding country conditions in the Philippines, etc.

Reeves Miller Zhang & Diza is now pleased to announce that Maria has already received her green card and is happily living amongst family and friends in the U.S. As a lawful permanent resident of the U.S., Maria is now able to lawfully live and work in the U.S., and can freely travel in and out of the country.  She is also looking forward to the day when she can apply to become a U.S. citizen.

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