Immigration Consequences for Entry Without Inspection (EWI)

Entered Without Inspection, means entering the United States without being inspected by an Immigration official. Most commonly this means crossing the Mexican or Canadian border without having any contact with an Immigration official. A foreign national who enters the U.S. EWI generally cannot apply for legal status from within the United States, with the exception of, asylum applicants, individuals with applications for adjustment grandfathered in under 245i and abused spouses under VAWA ("Violence Against Women Act"). Other individuals may be eligible for a waiver but they are required to file this waiver from abroad. There is a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative (including cases based on marriage to the US Citizen). Then, an immigrant visa number must be available to you, even if you are already in the United States. Then the local US consulate must approve your waiver that will waive your grounds of inadmissibility. After that, once you are already in the United States, you may apply to adjust to permanent resident status ("green card").

Cases that involve people who entered without inspection are very complex. Please consult with an experienced immigration attorney to evaluate your case and eligibility.

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