VISANOW-retained attorneys have worked with Deferred Action for Childhood Arrivals (DACA) applicants who have mistakenly believed that they entered the U.S. without permission.
How can this be?
Generally, a person is lawfully admitted with a visa at an airport or at a border crossing check point. However, a lawful admission can be less obvious: most frequently, when a person entered the U.S. by car or by foot at the Mexican or Canadian border.
Years ago, without asking questions or inspecting documents, border officers sometimes permitted an individual person or multiple people in a car to enter the U.S. In most cases, when a person physically presents himself or herself for questioning and makes no knowing false claim to U.S. citizenship, this is a lawful admission, which is classified as "waived in.
Why is it important to understand your "manner of entry?
A lawful admission expands a person's immigration options. Lawful admission to the U.S. is required to adjust status to permanent residence, which is a goal of many immigrants.
A person seeking to adjust status to a permanent resident based on a petition filed by a U.S. citizen "immediate relative (for example, a spouse) need only show that he or she was lawfully admitted, and that no other grounds of inadmissibility apply. Importantly, even if an applicant has been out of status for a long time, a person who was lawfully admitted and is not subject to other grounds of inadmissibility can still adjust his or her status.
Therefore, understanding and proving a lawful admission can be very important for your future.
I believe that I or a family member/friend was "waived in to the U.S. What should I do?
We encourage you to speak to a VISANOW representative about your or a family member/friend's "manner of entry. While proving that an applicant was "waived in is not required for a deferred action application, it is important that the "manner of entry is correctly listed to the USCIS on the application.
If applying for adjustment of status based on a "waived in lawful admission, a person must consult an experienced law firm to discuss the strengths of his or her case and to prepare the extensive evidence needed to prove that he or she was "waived in.
Take a very important step toward achieving your dreams in the US and contact VISANOW for your free case assessment!