DEAR Atty. Gurfinkel:
I came to the U.S. on a visitor’s visa under a different name. The passport and visa had my picture, but somebody else’s name. I still have that passport.
I recently married a U.S. citizen for love, and want to get a green card. Is there hope for me, since I entered the U.S. under a different name?
Very truly yours,
ES
Dear ES:
Yes, there could be hope for you, despite having entered the U.S. under a different name. (Please note I said there is “hope”, but as an attorney, I cannot, and do not, “guarantee” success or approvals.)
In your case, you could be eligible to file for adjustment of status (be interviewed in the U.S. vs Manila) because you were “inspected,” meaning you presented yourself to an immigration officer who checked your visa or other papers, and admitted you to the U.S. (or allowed you to enter). Even though you were inspected under a different name, that still constitutes “inspection.” The fact that you saved that passport provides evidence of your inspection. This is critical to a person’s ability to file for adjustment in the U.S.: proving you were “inspected.”
Many people who entered the U.S. under a different name eventually wind up either losing or misplacing the passport they used to enter the U.S., or they mailed it back to the agency in the Philippines. If they don’t have proof of inspection, it could be considered that they entered the U.S. without inspection (or are “EWI”), and they would not be eligible to adjust status in the U.S., even through marriage to a citizen, unless they have the benefit of Section 245(i). This was a law allowing people who entered without inspection to still get a green card in the U.S., provided they were petitioned on or before April 30, 2001.
However, in your case, you also committed fraud by entering the U.S. under a different name. Therefore, you would be required to submit a fraud waiver, demonstrating “extreme hardship” to a “qualifying relative”, who would either be a spouse or parent who is a U.S. citizen or immigrant (legal permanent resident). Moreover, in your case, you would not be eligible for a provisional waiver, because you committed fraud.
What would need to happen in your case is your citizen spouse could petition you, and you could also file for adjustment of status and fraud waiver. Of course, no guarantees can be made, but there could be hope in your case, despite having entered the U.S. under a different name.
If this situation applies to you, you should seek the advice of an attorney, who can evaluate your situation and determine your eligibility, guide you through the process, and help prepare the documentation and represent you at your interview.
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Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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