Many people believe that illegal immigration to the United States is the path to a better future. However, life could be tough for undocumented immigrants. Every day, they face the risk of being arrested and deported back to their countries. Deportation can result in financial difficulties, family separation, among a slew of other challenges.
The easiest method for undocumented immigrants to avoid deportation is to secure permanent legal status. This could result in migrants obtaining permanent resident status, green cards, and ultimately US citizenship. In this blog, we'll go over the many alternatives for non-legal immigrants to obtain legal status so that they can safely live their lives without fear of Immigration and Customs Enforcement or being deported.
The word "undocumented" immigrant is used throughout this blog to refer to an immigrant who does not have valid immigration status. Having a non-legal status could be the consequence of coming into the United States without undergoing an inspection or using a valid but expired non-immigrant visa (for example, a student visa or a tourist visa). The phrase "entered without inspection," or EWI refers to someone who has crossed the border but has never engaged with a US border patrol agent.
Even though the DACA program protects nearly 650,000 children who arrived as children, it does not serve a legal immigration status. It is a transitory solution that helps people with severely limited prospects. DACA recipients, like any other illegal person, require a pathway to gaining legal status. While not everyone will be eligible for the paths, it is essential to be familiarized with them.
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Green Card Through Marriage to a US Citizen
Among the most commonly asked concerns, and among the most typical paths to acquiring legal status, is how an undocumented immigrant is treated when he/she marries a citizen of the US or legal permanent resident.
Getting a green card for a U.S. citizen's immediate family could be a relatively simple procedure. In actuality, an attorney might not even be required. For everyone else, the procedure becomes more complicated. However, it could be a reasonable option to gain legal status.
An Immediate Relative of a Citizen of the United States
It's vital to remember that a U.S. citizen's immediate relatives are limited to his or her spouse, parents, or children below the age of 21. If the immediate relative entered the United States legally, he/she could adjust his or her status to permanent resident.
To put it another way, an undocumented immediate family member can request a green card from within the US. It is critical to gain legal entry. The undocumented person should have come into the US with legitimate paperwork and made direct contact with an officer of the USimmigration department, who must have verified the individual's entry.
As a result, if a person overstays their visa and subsequently gets married to a U.S. citizen, he or she can usually get a green card by adjustment of status. This makes no difference whether he or she overstayed for 6 months or 6 years; the non-legal immediate family member is eligible to seek a green card.
I-601A Provisional Waiver
Formerly, the undocumented partner and her/his minor children have been able to obtain permanent residency by marrying a U.S. citizen or a person with permanent residency. However, the fact is that the immigration procedure may not always be straightforward. Numerous concerns can create major hurdles for partners of U.S. citizens as well as permanent residents while they consider applying for valid resident status.
If the immigrant spouse, kids, or stepchildren came into the United States without inspection and stayed, they are required by law to exit the country and complete their immigration procedure through U.S. embassies around the world to acquire a legal immigrant visa or a green card.
More crucially, if the immigrant wife, husband, and/or children above 18 years lived in the United States illegally for a minimum of 180 days or 6 months, they can be automatically prevented from returning to the United States for three to 10 years after they depart.
In certain scenarios, these persons can be eligible for and request a waiver of the three and 10-year restrictions when they can show that their departure from the United States would inflict "extreme and extraordinary distress" to their parent or spouse who is a U.S. citizen or a legitimate permanent resident. Previously, the waiver procedure required an applicant to travel outside of the United States and appeal from his/her home country.
It was a time-consuming and unpredictable procedure that still ran the risk of separating families for long periods while waiting for waiver clearances or, even worse, disqualification and total subjection to the three or 10-year restrictions. Thankfully, that procedure is no longer in use.
There is now a "provisional" exemption that could be requested for and acquired while the petitioner is physically in the US. Individuals with a provisional waiver have some assurance that, if authorized, they will be permitted to come into the United States following a successful consulate interview. Undocumented spouses and children of citizens of the US are covered by the provisional waiver scheme.
The purpose of the provisional waiver scheme is to keep families together. "Excessive and unexpected difficulties" can usually include family connections to the U. S. as well as the removal country, circumstances in the removal country, what age the U.S. citizen or the permanent resident parent or spouse is, the period of residency in the U. S., appropriate medical and physical health issues, financial, and educational difficulties.
Applicants should keep in mind that the marriage needs to be a true union with a US resident, and also that all prior marriages should have been legally ended. Marriage fraud (faking a marriage to obtain a green card) bears severe penalties, including the possibility of a felony charge for the permanent resident or US citizen.
Before seeking a temporary waiver, petitioners should always consult with a competent immigration attorney. Even though it may appear to be a simple procedure, the waivers are extremely sophisticated and necessitate careful and detailed legal examination. Your responses to the applications can have long-term consequences for your immigration petition.
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Permanent Residence via Employment with LIFE Act Protection
On other occasions, some DREAMers have had the chance to further their education become contenders for higher-skilled positions. Employers in the United States could be interested in supporting a high-skilled potential employee's green card in this case. Even though a DREAMer is covered by DACA, he/she could still require 245 assistance through the LIFE Act.
Non-legal immigrants, especially well-educated DREAMers, could have an employer ready to sponsor them for a green card in a variety of situations. Before submitting the potential DREAMer's work visa application, the employer could be required to undergo a process termed PERM or Labor Certification.
Even if such steps are completed satisfactorily, the immigrant will still be required to go back to his/her native country due to his/her original illegal entry or out of status state. However, if the person has 245 protection, he or she can finish the process and receive a green card without having to leave the country.
The LIFE Act permits undocumented individuals to complete their green card application in the U. S. provided an immigration application was submitted on their behalf or on the behalf of the applicant's parents on or before the 30th of April 2001.
Asylum Status
Anybody in the U. S. who has been persecuted in their country of origin or who has a legitimate fear of being persecuted if they go back to that country is eligible for asylum. It's critical to recognize that the persecution should be carried out by the government authorities or by an organization that the state refuses or is otherwise not able to control.
Persecution is clearly defined under U.S. immigration law. Most significantly, the persecution should be motivated by either of the following five factors: religion, race, nationality, social group affiliation, or political opinions.
In general, to be eligible for asylum, you must meet the following criteria:
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You are currently in the United States (whether lawfully or unlawfully)
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You are incapable or reluctant to go back to your native country because of previous persecution or because you have a legitimate fear of further persecution when you do
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Persecution stems from one of five factors: religion, race, nationality, involvement in a specific social group, or your political beliefs; and
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You haven't done anything that would make you ineligible for asylum
To start an asylum petition, your attorney must submit Form I-589, an Application for Asylum and Withholding of Removal, together with supporting documents. A screening session is usually conducted to ensure that a petitioner's case is justified. This is why working with a credible entity or legal practice with knowledge of asylum petitions is critical.
Asylees are qualified to seek a permanent residency or a green card a year after obtaining the asylum award. The asylee’s husband or wife and children are also qualified to qualify for a green card when they were accepted to the U. S. as asylees.
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U Visa for Victims of Crime
The U visa was introduced in 2000 as part of the Victims of Trafficking and Violence Prevention Act to safeguard non-citizens who've been survivors of particular crimes and have assisted law enforcement authorities. The law was enacted to enable victims to collaborate with law enforcement and prosecution without fear of being deported. In some cases, a U visa can grant legal status, work permits, and a route to permanent residency.
There are 4 criteria for obtaining a U visa:
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The person must have experienced significant physical or psychological abuse as a consequence of being a victim of a chargeable criminal offense
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The person must be aware of and have detailed information about the illegal acts in question
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The unlawful act was illegal in the United States; and
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The person should have been, is currently being, or will be useful in the inquiry or conviction of the offense
Criminal actions that are eligible for a U visa include, but aren't limited to:
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Abduction
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Blackmail
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Abusive sexual contact
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False imprisonment
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Domestic violence
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Female genital mutilation
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Extortion
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Hostage
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Felonious assault
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Involuntary servitude
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Incest
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Murder
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Manslaughter
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Obstruction of justice
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Perjury
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Sexual assault
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Trafficking
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Prostitution
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Kidnapping
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Peonage
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Rape
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Witness tampering
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Sexual exploitation
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Illegal criminal restraint
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Slave trade
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Torture
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Other associated offenses
The victim should have valuable information about the incident and be prepared to work with law enforcement and other officials looking into the matter. A certifying declaration, Form I-918, from law enforcement is required for a U visa petition. Individuals other than police officers (including a court or child services) may be able to make the qualifying declaration in certain cases.
Family members (such as spouses and children) can all be covered under that U visa. Under some situations, family members accompanying the applicant can acquire a U derivative visa. The U visa applicant must appeal on behalf of eligible members of the family.
If you feel your case calls for a U visa, consult with police officers as well as an immigration lawyer. Other numerous non-profit groups assist crime victims who are also immigrants. You must express your desires early on in the procedure.
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Cancellation of Removal
Some undocumented immigrants who have resided in the U. S. for a considerable period and have been put in removal processes could have a final chance for deportation protection. You could be successful in gaining legal status as well as a green card by Removal or Non-LPR Cancellation. You need to satisfy each of the following criteria to be eligible for cancellation:
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You have lived and been personally present in the United States for a minimum of ten years;
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Your removal (deportation) from the United States would put your wife, husband, child, or parent with permanent residence through severe and exceedingly unusual hardship
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You could demonstrate that you have been a person of good moral integrity over the past ten years; and
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You haven't been found guilty of any crimes or broken any laws
This is the only path in which you will require the assistance of an immigration attorney. You'll face removal hearings, not to add to the fact that this law only allows for a limited number of green cards. It could be difficult to mount an argument against deportation when you do not satisfy the conditions or do not engage the assistance of an experienced lawyer.
Sadly, you will not be able to sign up for this in advance. It's only for people facing deportation in immigration proceedings. Meeting all of the following conditions is only the bare minimum. This statute also imposes a 4,000-per-year limit on the number of green cards that can be issued.
In other terms, many people meet all of the criteria yet do not get the removal cancellation. It's critical to seek the help of an immigration lawyer who is familiar with deportation defenses and who will prove the grounds of your hardship.
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Serving in the US Military Could Also Qualify Undocumented Immigrants for a Green Card or Citizenship
The law permits you to petition for citizenship when you serve with distinction and on active service with the United States Armed Forces during any of the conflicts or wars listed below. You do not need to go via the traditional application process for a green card. However, you need to register (register) when in US jurisdiction, like the Swains Island, Canal Zone, American Samoa, or a non-commercial United States ship.
The following conflicts entitle you to instant citizenship in the United States:
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First World War
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World War II (WWII)
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The Korean conflict
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The Vietnam war
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The Persian Gulf Conflict
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"Operation Enduring Freedom"
Non-Legal Immigrants Could Be Eligible for Temporary Protected Status
If you're from a region that has lately experienced a civil war, an environmental or a natural calamity, or any other difficulties that make it dangerous for its residents to go back to their countries, the US may grant you Temporary Protected Status.
This isn't a green card, and it doesn't advance to one. TPS, on the other hand, will let you remain in the US legally for a specified period (approximately 18 months) as well as get a work visa during that time. Information and a catalog, for now, qualifying nations can be found on the USCIS site.
There's cause to be positive even though none of the following pathways to legal status apply to you. Immigration activists and groups are working hard to pass legislation that will give refuge to non-legal immigrants who are currently in the country and working to contribute to the country's economy.
Find an Los Angeles Immigration Attorney Near Me
Every immigrant in the United States is entitled to a good life. Illegal immigration into the country does not revoke your immigrant privileges. If you are an undocumented laborer or a non-legal immigrant seeking a better life in the United States, contact the California Immigration Attorney.
We've assisted countless immigrants in obtaining legal status in the country. We can assist you too in obtaining citizenship so that you can live a comfortable life in the U. S. upon your admission. Call us at 424-789-8809 for immediate immigration consultation services.