Every year, millions of immigrants enter the United States looking for a better life. Some enter with valid visas, while others cross the border without going through an official inspection, called entry without inspection (EWI). But what does that mean for your immigration status? Can you still fix your papers if you entered without inspection?
Understanding the implications of EWI under U.S. immigration law is important for anyone seeking to adjust their status. At Rivas & Associates, we know how confusing and stressful the immigration process can be. In this blog, our deportation attorney explains what entry without inspection means and explores possible solutions for those who have entered the U.S. without going through an official checkpoint.
What Does Entry Without Inspection Mean?
Entry without inspection (EWI) means entering the United States without formal admission by an immigration officer at an official border crossing. Instead of going through a port of entry and presenting a visa or passport to U.S. Customs and Border Protection (CBP), individuals who enter without inspection cross the border without legal authorization. EWI also refers to individuals who entered the U.S. using false documents or misleading information.
Simply put, entry without inspection applies to anyone an immigration officer did not legally admit or allow entry. By bypassing official ports of entry, these individuals avoid presenting themselves to immigration officers, violating U.S. immigration laws.
Many people come to the U.S. this way because of urgent situations. However, entering without inspection can have serious immigration consequences, including the risk of deportation and difficulty obtaining legal status in the future.
Legal Status of Individuals Who Enter Without Inspection
Entering the United States without inspection (EWI) has significant implications for an individual’s legal status. According to the Immigration and Nationality Act (INA), individuals who enter the country without being inspected by an immigration officer are considered inadmissible. They are not eligible to adjust their status to become a lawful permanent resident (LPR) without first leaving the country and applying for a visa through consular processing, or unless they fit under certain other criteria that allows a EWI individual to adjust their status in the United States.
Being deemed inadmissible under the INA can complicate your path to legal residency. It often requires navigating a complex legal process, including the possibility of applying for a provisional unlawful presence waiver. This waiver, if granted, can allow you to leave the U.S. to attend your consular interview without facing the usual long-term reentry bans.
Understanding these legal implications highlights the importance of consulting an experienced immigration attorney who can guide you through the intricacies of immigration laws and help you explore all available options to achieve lawful entry and adjust your status.
The Difference Between Improper Entry and Unlawful Presence
Many people confuse improper entry with unlawful presence, but they are not the same. Improper entry happens when someone crosses the border without going through a designated checkpoint or using false documents. On the other hand, unlawful presence refers to staying in the U.S. beyond the period allowed by a visa or after entering without inspection.
This distinction matters because it can affect your ability to apply for legal status in the future. Certain waivers and legal options may be available depending on whether you entered improperly or are unlawfully present. Our experienced immigration attorneys can help clarify your situation and guide you through the next steps.
What Are the Risks of Entry Without Inspection?
Entering without inspection can result in several challenges, including:
- Deportation Risk: If immigration authorities catch you, you could face deportation proceedings. Deportation can separate families and lead to long-term bans from re-entering the U.S.
- Limited Immigration Options: Without legal entry, applying for a green card or visa within the U.S. becomes much more challenging. Most adjustment of status applications require proof of lawful entry.
- No Work Authorization: Entering without inspection means you won’t have legal permission to work in the U.S. This can make it difficult to find stable employment and support your family.
- Ineligibility for Certain Benefits: Individuals who entered without inspection may not qualify for certain public benefits or programs that require legal status.
The stringent requirements of U.S. immigration law compound these risks. If you’re facing immigration concerns, our deportation defense lawyer can help you understand your rights and options.
Can You Fix Your Immigration Status If You Entered Without Inspection?
Adjusting your status and obtaining legal residency can be more difficult if you enter the U.S. without inspection. However, options may be available depending on your situation. Some of these options include:
- Marriage to a U.S. Citizen: If you marry a U.S. citizen, you may be able to apply for a green card. However, in many cases, you must leave the U.S. and apply through consular processing in your home country. This process can be complicated and requires careful legal guidance.
- The 245(i) Waiver: If a family member or employer filed a petition for you before April 30, 2001, you may qualify to adjust your status without leaving the U.S. This law provides relief for individuals who entered without inspection under certain conditions.
- U Visa or VAWA: Victims of certain crimes or abuse may qualify for a special visa that allows them to stay in the U.S. and eventually apply for a green card. These programs protect vulnerable individuals and offer them a path to legal status.
Each case is different, and given the complexities involved, working with an experienced immigration attorney in Tulsa, OK, is essential to navigate the process successfully.
How an Immigration Attorney in Tulsa, OK Can Help
Facing immigration challenges can feel overwhelming, but you don’t have to go through it alone. At Rivas & Associates, we provide:
- Personalized Case Evaluation: We’ll review your situation and determine the best path forward. Our legal counsel will help you understand all your options.
- Legal Representation: If you’re facing deportation, our deportation attorney will fight to protect your rights and explore all possible defenses.
- Application Assistance: We’ll help you gather the proper documents and file applications correctly to avoid mistakes that could jeopardize your case.
- Waiver Applications: In some cases, waivers may be available to help overcome unlawful presence and other barriers to legal status. Our immigration attorneys will help you apply for a waiver.
Don’t Let Your Status Hold You Back. Take Action Today!
Are you worried that your immigration status could affect your ability to stay with your loved ones? You are not alone. Many immigrants face uncertainty and fear when trying to navigate the complex immigration system.
At Rivas & Associates, we believe in Empowering Immigrants, Building Futures! We take hard cases that other attorneys have turned down or lost because we understand the stakes involved. Most of our staff are first-generation immigrants or have personal immigration experiences. We overcome obstacles with you and celebrate your victory.
Whether you entered with or without inspection, we are here to support and guide you through the process. Don’t wait! Your future and your family’s future depend on the decisions you make today. Contact us at (844) 37-RIVAS(844) 37-RIVAS or complete our confidential online form to schedule your consultation.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Rivas & Associates
2930 S Yale Ave
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
https://www.rivasassociates.com/
