Chinese national receives Green Card as arriving alien

Arrives with fake passport

Mr. C, a Chinese national, came to the U.S. in 1991 with a fake passport. He was caught getting off the plane and spent three days in detention. Mr. C didn’t speak English at the time, and none of the officers spoke Mandarin, and no interpreter was ever offered. Mr. C was unable to communicate with anybody and was released. Upon release he filed an asylum application, which was denied. His appeal was also denied, and Mr. C was ordered excluded in 1992.

Mr. C was ordered “excluded,” and not “removed” because he did not, in the eyes of immigration, actually enter the U.S. Even though he was physically present here, he was still considered an “arriving alien.” The distinction can make a big difference in some cases, and it takes an experienced attorney to understand and appreciate the distinction.

MWW found a way

So Mr. C remained in the U.S., in limbo, for many years. Even though he had children here in the U.S., he was often told that his case was impossible. That is, until our office thoroughly reviewed his immigration history and came up with a solution. Our office filed an Adjustment of Status application on Mr. C’s behalf, sponsored through one of his U.S. citizen children. Mr. C had an interview with a USCIS officer in October of 2014. Attorney Francis Fungsang attended the interview with Mr. C, and explained to the officer that Mr. C had never made a valid entry into the U.S. and was still an “arriving alien.” The officer asked us to submit an I-601 waiver of inadmissibility for Mr. C’s, which we did, based on hardship to Mr. C’s mother (a lawful permanent relative).

Mr. C’s Green Card arrived in the mail in February of 2015 – just in time for Valentine’s Day!

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