Many individuals believe that entering the US illegally is a means to improve their lives. However, undocumented immigrants often face numerous difficulties. They live with the constant risk of getting arrested and deported back to their home countries. In addition to facing a myriad of other challenges, deportation can result in financial struggles and the separation of families.
Obtaining a permanent legal status is the most straightforward method for unauthorized immigrants to avoid deportation. This can lead to the granting of green cards, permanent residence status, and, ultimately, US citizenship. In this blog, we will examine the various options available to undocumented immigrants to obtain legal status, enabling them to live their lives in safety and without having to live in constant fear of deportation or arrest by Immigration and Customs Enforcement.
Getting Citizenship by Marrying a US Citizen
One of the most frequently asked questions, and one of the most common paths to obtaining legal status, is what happens to an undocumented immigrant who marries a U. S. citizen or lawful permanent resident.
For the immediate family of a U. S. citizen, obtaining a green card can be a relatively straightforward process, and hiring an attorney may not even be necessary. However, the process becomes more complex for everyone else. Nonetheless, hiring an attorney might still be a sensible approach to successfully acquiring legal status.
An Immediate Family Member of an American Citizen
A citizen of the United States can only have immediate relatives who are their spouse, parents, or minor children. If the immediate relative entered the country lawfully, they may be eligible to change their status to permanent residence.
In other words, a non-citizen member of their immediate family can apply for a green card from within the United States. It is crucial to obtain legal admission. The individual should have entered the country with valid documentation and personally spoken with an immigration officer, who would have verified their arrival.
As a result, an individual who overstays their visa and subsequently marries a United States citizen is usually eligible to apply for a green card through status adjustment. The non-legal direct family member can apply for a green card, regardless of the duration of their overstay, whether it be six months or six years.
I-601A Waiver
In the past, marrying an American citizen or someone with permanent status allowed undocumented spouses and their young children to obtain permanent residency. However, it is a fact that the immigration process is not always straightforward. Spouses of U. S. citizens and permanent residents may encounter significant obstacles when seeking legitimate resident status for various reasons.
To obtain a valid immigrant visa or green card, the spouse, children, or stepchildren of an immigrant who entered the country illegally and remained there should legally leave the nation and complete the immigration process at one of the U. S. embassies abroad. Most importantly, the immigrant spouse, wife, and/or children over the age of eighteen who resided in the country unlawfully for at least 180 days or six months could be automatically barred from reentering the country for a period of three to ten years following their departure.
Suppose individuals can demonstrate that their departure from the United States would cause "extraordinary and extreme distress" to their spouse or parent, who is a citizen or lawful permanent resident. In that case, they may qualify for and apply for a waiver of the three- and 10-year restrictions. In the past, the waiver process required the petitioner to leave the country and file an appeal from there.
The process used to be unreliable and time-consuming, with the risk of families being separated while waiting for their waiver clearance or, in the worst-case scenario, being disqualified and forced to comply with the three- or ten-year limits. Fortunately, that process is no longer in place.
Currently, individuals can apply for and obtain a "provisional" exemption while they are physically present in the United States. Those who hold a provisional waiver can have confidence that, if approved, they will be granted entry into the US after a favorable consulate interview. The provisional waiver program also offers protection to undocumented children and spouses of US citizens.
The interim waiver program has the goal of preserving family unity. The term "unexpected and excessive difficulties" typically encompasses various factors, such as family ties to the United States and the country of removal, conditions in the country of removal, the age of the parent or spouse who is a permanent resident of the United States, the duration of residency in the United States, physical and medical health issues, financial hardships, and educational challenges.
Applicants must remember that the marriage must be a genuine engagement with a US resident, and any previous unions must have been legally dissolved. It is important to note that marriage fraud, or falsifying a marriage to obtain a green card, is a serious offense. Harsh laws are in place to address this issue, and it could even lead to felony prosecution for the US citizen or permanent resident involved.
Petitioners should always seek legal advice from an experienced immigration attorney before requesting a temporary waiver. While the process may appear straightforward, the waivers are highly intricate and require a comprehensive legal analysis. Your answers to the applications could have long-term repercussions for your immigration petition.
Permanent Residency Through Work with Protection from the LIFE Act
At times, certain DREAMers have had opportunities to further their education and apply for jobs that require higher skills. In such cases, employers in the US may be willing to support the green card application of a highly skilled prospective employee. Even though a DREAMer may be eligible for DACA, they may still require assistance under the LIFE Act, specifically for 245 protection.
There are various circumstances in which an employer may be willing to sponsor a non-legal immigrant for a green card, especially for highly educated DREAMers. Before approving the work visa application for the prospective DREAMer, the employer may have to undergo Labor Certification or PERM.
Due to their initial unlawful entry or out-of-status status, the immigrant would still need to return to their home country even if these procedures are completed. However, if the individual has 245 protection, they can complete the procedure and obtain a green card without the need to leave the United States.
According to the LIFE Act, unauthorized individuals can complete their green card application in the United States if an immigration application was filed on their behalf or their parents' behalf by April 30, 2001, at the latest.
Status of Asylum
Asylum is available to any person in the United States who has experienced persecution in their home country or who has a genuine fear of persecution upon their return. It is crucial to realize that the government or a business that the state is unable to regulate or won't cooperate with must carry out the persecution.
U. S. immigration law explicitly defines persecution. Political beliefs, social group membership, race, nationality, or religion must be the primary motivators of persecution.
To be considered for asylum, you generally need to fulfill the following requirements:
- Regardless of your legal status, you are currently residing in the United States.
- Due to past persecution, you could find yourself unable or unwilling to return to your home country. Alternatively, you may have a genuine fear of facing further persecution if you were to return.
- Persecution can occur based on factors such as race, religion, nationality, political beliefs, membership in a specific social group, or other similar factors.
- Nothing you have done would prevent you from being granted refuge.
To initiate an asylum claim, your attorney must file the Application for Asylum and Withholding of Removal, Form I-589, along with the required supporting documentation. Usually, a screening session is conducted to ensure that the petitioner's argument is well-supported. Therefore, it is crucial to collaborate with a reputable organization or law firm that has expertise in handling asylum requests.
One year after being granted asylum, individuals seeking asylum are eligible to apply for a green card or permanent residency. Once an individual is admitted to the United States as an asylee, their spouse and children could also be eligible for a green card.
U Visas for Crime Victims
The Victims of Trafficking and Violence Prevention Act of 2000 introduced U visas, which aim to protect noncitizens who have cooperated with law enforcement agencies and are survivors of specific crimes. The purpose of enacting this law was to grant victims the freedom to collaborate with the police and prosecution without fear of being deported. In some cases, the U visa can provide employment authorization, legal status, and a pathway to permanent residence.
To receive a U visa, four requirements must be met:
- A victim of a chargeable offense should have experienced significant psychological or physical abuse as a result.
- The individual must possess knowledge of the specific illegal conduct in question and be aware of it.
- The criminal act is prohibited in the US.
- The individual in question has been, is, or will be helpful in the investigation or prosecution of the offense.
The following criminal offenses are among those that qualify for a U visa, but they are not the only ones:
- Extortion.
- Kidnapping.
- Sexual abuse.
- Domestic abuse.
- False imprisonment.
- Female genital mutilation.
- Hostage.
- Blackmail.
- Felonious assault.
- Incest.
- Involuntary servitude.
- Murder.
- Obstructing the legal process.
- Manslaughter.
- Witness tampering.
- Perjury.
- Trafficking.
- Sexual assault.
- Prostitution.
- Peonage.
- Abduction.
- Torture.
- Rape.
- Sexual exploitation.
- Slave trade.
- Illegal detention for offenders.
- Other related crimes.
The victim should be equipped with crucial details regarding the incident and be willing to cooperate with investigators from law enforcement and other agencies. U visa petitions necessitate a certifying declaration from law enforcement, known as Form I-918. In certain situations, individuals other than police officers, such as courts or child services, may be qualified to provide the required declaration.
Children and spouses are two examples of family members who are eligible for the U visa. In certain circumstances, family members traveling with the applicant may also be eligible to obtain a U visa. The applicant for the U visa is responsible for filing an appeal on behalf of any qualifying family members.
If you believe your case warrants a U visa, it is advisable to seek advice from immigration lawyers and police authorities. Numerous nonprofit organizations also support immigrants who have been victims of crime. It is important to voice your preferences early on in the process.
Removal Cancellation
There may be one last opportunity for deportation protection for certain undocumented people who have been in the country for a long time and are currently in the removal process. It is possible to obtain both a green card and legal status through non-LPR removal or cancellation.
To be eligible for cancellation, all of the following conditions must be met:
- You have spent at least ten years living and physically being present in the US.
- If you were to be deported from the country, your spouse, child, parent who permanently resides in the United States, and your wife would all endure extreme and extraordinary hardships.
- You haven’t broken any laws or been found guilty of any crimes.
- You can provide evidence of being a morally upright person for the past ten years.
This is the only scenario where hiring an immigration lawyer becomes necessary. In addition to the limited availability of green cards under the relevant law, there is also a possibility of removal hearings. If you fail to meet the requirements or neglect to engage a skilled attorney, it may prove challenging to build a strong case against deportation.
Unfortunately, pre-registration for this will not be available. Only individuals facing deportation in their immigration proceedings are eligible. Meeting all the conditions listed below is the bare minimum. Furthermore, this regulation sets a cap on the number of green cards that can be granted per year.
In other words, many people meet all the requirements but still do not receive the cancellation of their removal. You should seek legal assistance from an immigration lawyer who has expertise in deportation defenses and can substantiate the hardships you face.
Enlisting in the US Military May Also Entitle Undocumented Immigrants to Citizenship or a Green Card
When you serve with honor and are on active duty in the US Armed Forces during any of the wars or conflicts listed here, you become legally eligible to petition for citizenship. Obtaining a green card does not require following the conventional application procedure. However, if you are in an area under US jurisdiction—such as American Samoa, the Canal Zone, Swains Island, or a non-commercial US ship—you should register.
You are eligible for immediate citizenship in the US if you meet any of the following criteria:
- World War I.
- The Korean War.
- Second World War (WWII).
- Vietnam War.
- "Operation Enduring Freedom".
- The conflict in the Persian Gulf.
Immigrants Without Legal Status May Qualify for Temporary Protected Status
The US could grant you Temporary Protected Status if you are from an area that has recently experienced an environmental calamity, civil war, natural disaster, or any other challenges that make it unsafe for its citizens to return to their own nations.
Obtaining Temporary Protected Status (TPS) does not lead to a green card, as it is a different immigration benefit. However, TPS does allow individuals to obtain a work visa and lawfully stay in the US for a specific period, typically around 18 months. If you are from a qualifying nation, you can find more information and a catalog of resources on the USCIS website.
Even if you do not fit into any of the above pathways to legal status, there are still reasons to be optimistic. Immigration activists and organizations are diligently working to pass laws that provide sanctuary to undocumented immigrants who are already in the country and are actively contributing to the economy of their home country.
Who Is An Undocumented Immigrant?
A person who lacks a valid immigration status is commonly referred to as an "undocumented" immigrant. This can occur when someone enters the country without inspection or uses a non-immigrant visa that has expired. For instance, tourist visas or student visas. In cases where an individual has crossed the border without interacting with a US Border Patrol official, they are described as having "entered without inspection," or EWI.
Despite protecting around 650, 000 youngsters who arrived as minors, the DACA program does not grant lawful immigration status. It serves as a temporary solution that benefits those with limited opportunities. Like all undocumented individuals, DACA recipients need a pathway to obtain legal status. It is crucial to be acquainted with these pathways, even though not everyone may be eligible to pursue them.
Find a California Immigration Lawyer Near Me
Every immigrant in the US has the right to pursue a happy life. Your immigrant privileges are not revoked if you enter the country illegally. Whether you are an undocumented worker or an undocumented immigrant seeking to improve your life in the US, you can contact the California Immigration Attorney.
Many immigrants have benefited from our assistance in obtaining legal status in the United States. Once admitted, we can guide you through the process of obtaining citizenship, allowing you to build a fulfilling life here. For prompt immigration consultation, feel free to call us now at 424-789-8809.