BY Approval Notice dated October 30, 2015, the USCIS granted Form I-601A Provisional Unlawful Presence Waiver to a Filipino crewman, who is married to a US citizen spouse.
Roman P. Mosqueda, a Super Lawyer in Southern California for 2014, 2015, and 2016 in business immigration, filed Form I-130, Petition for Alien Relative, of the US citizen wife and Form I-601A, Application for Provisional Unlawful Presence Waiver, of the overstaying Filipino seaman.
His identity is withheld to protect his privacy and maintain confidentiality. He has consented to the publication of this article.
The approval of the provisional unlawful presence waiver covers only the ground of inadmissibility for unlawful presence in the United States. It does not address any other grounds of inadmissibility such as criminal grounds, fraud, or prior removals.
It also does not change the requirement that the Filipino crewman must depart the United States to obtain an immigrant visa at the US Embassy in Manila, Philippines.
Indeed, he was not a beneficiary of a family visa petition or application for labor certification filed after January 14, 1998, and on or before April 30, 2001, to be grandfathered under INA § 245(i).
The approval of the Form I-601A waiver application does not give the applicant any legal immigration status nor allow him/her to obtain a legal status in the United States.
But a US Consul can determine, in light of the approval of the provisional unlawful presence waiver, that the alien applicant is otherwise eligible for an immigrant visa based on the approved immediate relative visa petition.
Filipino Crewman Granted Landing Permit And Overstayed:
The Filipino crewman was issued a CI/D visa by the US embassy in Manila, Philippines, on September 9, 1996, as a bellboy joining SS Dolphin IV in Miami, Florida.
He was subsequently issued a Crewman’s Landing Permit (D-1) by a US Immigration Officer, when he arrived from the Bahamas on board the Norwegian Star.
Since December 1999, he has been residing in Inglewood, California. And on September 27, 2013, he married his US citizen (by naturalization) wife.
Unfortunately, he was not petitioned until he got married, and has to obtain an immigrant visa by consular processing. But he needed to obtain a provisional unlawful presence waiver to avoid the 10-year bar from returning to the United States.
He and his US citizen wife underwent an extensive psychological evaluation by licensed psychologist and family therapist, whose report proved extreme hardship to the US citizen wife, if the Filipino crewman were barred for ten years from returning to the United States.
Thus, his Form I-601A, Application for Provisional Unlawful Presence Waiver, was duly approved by USCIS.
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The Author, Roman P. Mosqueda, has practiced Real Estate law for over 20 years. He has been a licensed Real Estate Broker in California since 1999. Send comments [email protected] or call (213) 252-9481 for free consultation appointment. Visit Mosquedalaw.com and EzineArticles.com to read his other articles.
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