Green card, despite assumed name entry

Dear Attorney Gurfinkel:

Years ago, I entered the US under an assumed-name visa and passport. (The picture in the passport and visa were a “look-alike” of me but were not in my name.) I am now married to a US citizen, and I want to know if there is hope for me to get a green card, even though I entered the US under an assumed name.

Very truly yours,

CP

Dear CP:

In certain circumstances, yes, it could be possible for a person to be petitioned for and obtain a green card, even if they entered the US under a different name. I want to emphasize that it is not automatic or guaranteed, and certain specific requirements must be met in order to qualify.

First, entering the US under an assumed name is considered “fraud.” Therefore, a person who commits fraud must be eligible for and file a fraud waiver in connection with their paperwork. In order to qualify for a fraud waiver, the applicant must have a spouse or parent who is a US citizen or lawful permanent resident, called a “qualifying relative,” and prove the qualifying relative would suffer extreme hardship.

Second, the person must prove they were “inspected” when they entered the US, even if entering under an assumed name. This means the person presented themselves to an immigration officer at the port of entry (airport) and they were “admitted” into the US or allowed to enter. Therefore, it is important that you still have the passport with that entry visa. If you mailed it back to the person who provided it to you, lost it or have no evidence of having been inspected, the person may not be eligible to apply for a green card in the US, unless they benefit from Section 245(i).

Third, eligibility to adjust status in the US depends on the type of visa used to enter. For example, if a person entered on a crewman visa, they may not be eligible to adjust status in the US, even if they entered the US in their real name and are married to a US citizen, unless they have the benefit of Section 245(i). Entering the US on a visitor visa could enable them to obtain their green card in the US, provided the other requirements are met.

If you entered the US under an assumed name, there could still be hope for obtaining a green card in the US, provided you meet the requirements. If you believe you could be eligible, I would recommend you consult with an attorney who can evaluate your situation and make sure you meet the requirements. The attorney could then properly package and present your case, including the fraud waiver.

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