Our office won a tough case for the wife of an active military member this week. She was granted permanent resident status and now has her green card despite her lack of documentation to prove her admission into the U.S. We had to obtain specific waivers and present evidence that would justify getting the status change here in the United States rather than having to consular process through Ciudad Juarez.
To be able to change your status in the U.S. rather than through a Consulate, you need to show that you were “admitted” into the United States. That is, you presented yourself to an Immigration official and they let you in. For years, immigration officials allowed people into the U.S. but didn’t give any documentary proof. They would just “waive” people through. For years Immigration took the position that this did not qualify as an admission and would not grant people their residence. However, the Courts came back and clarified that if a person did present themselves at the border and they were “waived through” they were admitted for the purpose of adjusting their status in the United States.
We are very pleased with the outcome of this matter. Our client didn’t have a single witness or any proof that she entered the U.S. as a “waive through.” She only had her word. We were able to establish evidence with only her word and corroborate her statements. North County Immigration prides itself on presenting the best possible case to Immigration and proving the impossible.