Many people dream of coming to the U.S. for a better life, but do not have any means to do so. They may not have the financial means or, they may have tried to apply for a visa but were rejected by the U.S. Consulate in their country. Other times, they are scammed into applying for fraudulent visas they do not qualify for. Whatever the case, there may be instances where one enters the U.S. with a fraudulent visa, or with an assumed name, whether they would like to or not. Then, they establish a life in the country and even start a family, and the questions becomes whether or not they can ever become a lawful resident even though they came in with a false name or passport. The answer is yes.
For those that would otherwise qualify to adjust their status, or apply for their Lawful Permanent Residence (LPR), they can file for an I-601 Waiver of Inadmissibility. In order to qualify for an I-601 waiver, one must show extreme hardship to a U.S. citizen or LPR parent or spouse. Note that this waiver does not take into account U.S. citizen or LPR children; although, the existence of children can show indirect hardship to the spouse and parents. These waivers are not guaranteed to be granted, but is a form of relief to those that would otherwise be eligible to adjust their status in the U.S.
Sometimes, issues are overlooked during the adjustment of status interview, and people are granted their residency erroneously. In this case, a person may want to be put in removal proceedings to apply for a waiver under the Immigration and Nationality Act (INA) §237(a)(1)(H). This waiver does not require the applicant to demonstrate extreme hardship to a U.S. citizen or LPR spouse or parent. Rather, the applicant would only need to show they have a U.S. citizen or LPR child, spouse, or parent. Note that this waiver does consider a child to be a qualifying relative. Then, the Immigration Judge balances the factors in the case in determining whether to grant the waiver or not.
There are forms of relief that may be available to you or your family that you do not know about. Speak to an experienced immigration attorney to see if the law can help you.
