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DAP Forums > Other Topics > Other Topics

EWI (Entry Without Inspection)

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#1
04-08-2011, 08:24 PM
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Joined in Mar 2011
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Jsonkim88
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So.. I just read about EWI.... and basically found out that it's even harder for me to get legalized than people with overstay VISA.

Okay so... I want to know if there are other ways of me getting legalized.
I've researched about marriage and only way to get legalized is to have my spouse file a exception. But I would still need to leave US. And I am too young for marriage right now.

I've also came across 245(i) (LIFE ACT) only to learn that I was too young know that such thing existed and now the filing date is way pass due. Does anyone know if I can still file for this? I came to US before Dec 2000, but missed the filing date, because I was so young.
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#2
04-08-2011, 10:23 PM
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Quote:
Originally Posted by Jsonkim88 View Post
So.. I just read about EWI.... and basically found out that it's even harder for me to get legalized than people with overstay VISA.

Okay so... I want to know if there are other ways of me getting legalized.
I've researched about marriage and only way to get legalized is to have my spouse file a exception. But I would still need to leave US. And I am too young for marriage right now.

I've also came across 245(i) (LIFE ACT) only to learn that I was too young know that such thing existed and now the filing date is way pass due. Does anyone know if I can still file for this? I came to US before Dec 2000, but missed the filing date, because I was so young.
I know someone who got around to leaving the country. He did it through his child instead of his wife. The kid was already 4 I believe and was diagnosed with mild autism. If I'm not mistaken, they proved that he is the breadwinner of his family and most importantly his USC child and and wife so the USCIS let him stay.

Other than that you're pretty much guaranteed to be able to stay in the US if your marriage is legitimate. The wait isn't that long either if you compare it to how long you won't be having legal status.
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#3
04-09-2011, 01:29 AM
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From The City of Angels, which is located in the Golden State of the Union
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^Trust me, I've looked into this: the bar for "hardship" is ludicrously high. Emotional suffering due to the ten-year ban isn't "hardship" enough, apparently. I wishwishwish my gf (now my wife) had been brought over on a visa when she was a child... it would be so simple to adjust but no life has to spit in our faces.
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#4
04-09-2011, 01:42 AM
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Quote:
Other than that you're pretty much guaranteed to be able to stay in the US if your marriage is legitimate. The wait isn't that long either if you compare it to how long you won't be having legal status.
He will still get that 10 years ban, right? He is EWI, so he has to leave U.S.
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#5
04-09-2011, 02:29 AM
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I'm in the same boat. I came in with someone else's papers through the Dominican Republic. Can't adjust status because there is no visa under MY name.

I am married but worry that my wife and I don't have enough "extreme hardship" to be approved for a waiver once I leave the country. =/
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#6
04-09-2011, 03:24 AM
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Quote:
Originally Posted by MIdreamer View Post
He will still get that 10 years ban, right? He is EWI, so he has to leave U.S.
I don't think he'll get a ban unless the laws have changed, but he would have to leave the US for about 6 months.
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#7
04-09-2011, 12:23 PM
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Jsonkim88
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Basically one only way is to get married and prove hardship for either my child or wife to get a waiver to come back to U.S.... and that process I've heard is very hard

If I do decide to leave the country I would get 10 years ban regardless me coming here EWI without any consent. Is there a difference if I leave the country voluntarily or leaving with a deportation order? I've heard from some that if I leave voluntarily I get penalized less. But I am not too sure about this.
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#8
04-09-2011, 10:31 PM
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If you're wondering about "hardship" waivers and such, I'd recommend heading over to the immigrate2US website, they have people there who have gone through this and you can check out their stories.
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#9
04-13-2011, 01:32 AM
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From in the shadows...
Joined in Aug 2007
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Quote:
Originally Posted by Jsonkim88 View Post
Basically one only way is to get married and prove hardship for either my child or wife to get a waiver to come back to U.S.... and that process I've heard is very hard

If I do decide to leave the country I would get 10 years ban regardless me coming here EWI without any consent. Is there a difference if I leave the country voluntarily or leaving with a deportation order? I've heard from some that if I leave voluntarily I get penalized less. But I am not too sure about this.
You get a ten year ban whether you leave voluntarily or deportation.
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