29 Aug Green Card with a Waved-In Entry
An applicant for adjustment of status must typically prove they were lawfully admitted to the U.S. This can be difficult to prove without a government record of such an admission. However, though it may difficult, it was still possible for a recent RMZD client.
An applicant for permanent resident status (Green card) through adjustment of status must typically prove they have been lawfully admitted to the United States. An entry without a written record will work if the entrant can prove “procedural regularity.” But without a written record, it is often difficult to prove that “procedural regularity” did in fact occur. After all, if this is what is necessary to obtain a green card, there is nothing to stop every applicant for a green card from saying they appeared before a U.S. border officer and were allowed to enter the United States.
Reeves Miller Zhang & Diza is pleased to announce that, despite President Trump’s promises to strictly enforce our immigration laws, we are continuing to obtain green cards for our clients based on entries to the U.S. without written proof. These entries to the U.S. are often called Quilantan entries, named after the court case which established the principle.
Attorney Lorella Hess just recently assisted a RMZD client in successfully proving that he had indeed been admitted to the U.S. Attorney Hess knew it would be difficult to prove her client had been allowed to enter the U.S. by an inspecting officer since she did not have a written record, such as a passport stamp, but she also knew that it was possible through hard work and determination.
Attorney Hess helped her client and family members write declarations recalling specific details of his border crossing. They discussed an entry over 20 years ago, as a teenager, in a car with his mother and stepfather. They were also able to show that at the time of entry to the U.S., at least one other passenger in the vehicle had a valid visa to come to the United States. Attorney Hess made sure that her client and his U.S. citizen wife were well-prepared for their interview, discussing possible questions they may be asked by the immigration officer. In the end, the officer concluded that our client really was inspected and admitted at the border.
After more than 20 years without lawful status in the United States, our client is delighted that he now has a green card. He and his wife are breathing easier about the family’s future and look forward to visiting relatives in Mexico. In just a few more years, he will be eligible to apply for U.S. citizenship. This case shows that, even in the face of much publicity surrounding enforcement crackdowns, with careful preparation it can still be possible to obtain the immigration benefits for which clients are eligible.