24 Sep 2024 Crewmen & Provisional Waivers
Tony (left) entered the U.S. as a crewman in 2003 and overstayed. As a result, he could not adjust status, even though marriage to his U.S. citizen spouse.
In 2016, Provisional Waivers became available. This would “forgive” Tony for having overstayed, but he had to apply for his visa at the U.S. Embassy in Manila. However, the embassy was taking a hard stance on crewmen with provisional waivers and charging them with fraud.
In 2022, Tony saw an episode on Citizen Pinoy TV show where Julie, another crewman, took the risk and flew back to the Philippines with her provisional waiver, and she successfully obtained her immigrant visa. Upon seeing that episode, Tony informed leading U.S. Immigration Attorney Michael J. Gurfinkel (right) that he also wanted to take his chances.