If I’m trying to file the I-485 supplement A, how do I figure out what category I fall into?

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If I’m trying to file the I-485 supplement A, how do I figure out what category I fall into?

I entered the country without a visa. So I was wonder if I would mark that I was admitted to the US in transit without a visa or I am in unlawful immigration status because I entered the US without inspection?

Asked on April 24, 2012 under Immigration Law, California

Answers:

Osas Iyamu-Attorney at Law / Law Offices of Osas Iyamu, LLC-Immigration Law Office

Answered 9 years ago | Contributor

In order to choose the right option for your question, you need to understand how you entered the U.S.

Did you come by air, road or sea? At what point did you cross the border into the U.S?

An alien admitted in transit into the U.S is passing through the U.S on their way to another country.

In some cases a transit visa is required while in other cases no visa is required.

If admitted in transit to another country without a visa (check box e., if applicable).

On the other hand persons who entered without inspection and hence where never admitted or paroled into the U.S by an Immigration official should check box c if applicable.

Also a Person who was lawfully admitted into the U.S with or without a visa by an Immigration official but overstayed the period allowed should also check box c if applicable.

I hope you find the above helpful.

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

This will depend. However, if you entered without passing any inspection/port you  likely Entered Without Inspection (EWI). You should also be very careful on your qualification for form I-485A. If you file in properly, you are subjecting yourself to the USCIS adjudication and a denial will result in deportation.


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