Illegal immigrants usually fall into two different categories, those who 1) entered without inspection or 2) entered with fraud. This article will discuss the differences, and possible remedies, for both.
Oftentimes, an immigrant who entered the country illegally does not know which of the two categories he falls in, but does know that both ways are illegal. And even though he may be right in so far that both categories stem from an illegality, the possible remedies to cure the immigration problems widely differ.
Entry Without Inspection vs. Entry With Fraud
The key difference between the two categories stem from where and how the alien entered this country, or in other words, what was the point of entry?
Entry without inspection occurs where the alien crosses the border without any inspection. This means that no authorities ever documented the alien’s entry across the border. This includes crossing land and sea borders. Immigration attorneys may refer to this category as EWI.
On the other hand, entry with fraud occurs when an alien enters this country with inspection but gives or provides fraudulent information in order to pass inspection. A common example of this is when an alien uses another person’s passport when flying into this country. An alien who passes through an airport is most likely not an EWI case, but rather an entry with fraud one because it is likely there was some inspection.
Remedies for EWI
Aliens who entered illegally, whether through fraud or without inspection, should be forthright in exactly how they entered the country as the remedies differ for both categories.
An alien who entered without inspection (EWIs) are one class who have very little chance of adjusting and changing their immigrant status, since they do not have one and have entered the country with no documentation. Under current immigration law, marrying a U.S. citizen spouse or having U.S. children file sponsorship petitions are not going to change this scenario either. There are only a few exceptions to this rule, which should be discussed with an immigration attorney before commencing.
Remedies for Entry With Fraud
Aliens who entered with fraud have a different set of options than EWIs. Aliens who entered fraudulently may generally apply for a waiver of fraud if the applicant meets the requirements. Waivers are given with discretion and not guaranteed. If granted however, the applicant will be lawfully admitted to adjust status.
Section 212 of the Immigration and Nationality Act (INA) states the standard in determining eligibility, “if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien.” Speak with an immigration attorney to determine if your specific situation is a good waiver candidate.