I am often contacted about green cards for illegal entrants (aliens) who have not been inspected, admitted or paroled into the United States. Generally, in illegal entry cases, the alien cannot get a green card (lawful permanent residency) unless the alien satisfies certain waiver requirements. First, the alien must file a waiver application for admission to the U.S. The bigger hurdle, however, is establishing that the alien is eligible for a waiver because illegal entrants to the U.S. who have been here for more than 180 days but less than 1 year are subject to a bar of 3 years upon voluntarily leaving the U.S. and a bar of 10 years if they have been in the U.S. for 1 year or more. Generally, in order to be eligible for a waiver, the alien must demonstrate that his or her U.S. citizen or lawful permanent resident spouse or parent would experience extreme hardship if denied admission to the U.S. "Extreme hardship" requires presentation of substantial evidence, including, without limitation:
1. Presence of legal permanent resident or U.S. citizen family ties to the United States;
2. The country conditions in the country you would have to relocate to and the qualifying relative's family ties to that country;
3. The financial impact of departure from the U.S.
4. The significant health conditions, and if appropriate, what type of treatment and suitable medical care is available in that country;
5. The impact of separation; and
6. Other conditions that impact the relocation, such as economic and social conditions impacting quality of life, technical skills, etc.
If you believe that extreme hardship exists in your case, please contact my Summerville, South Carolina immigration law office for assistance in securing a green card. We are here to help.