4 Paths To Legal Status For Undocumented Immigrants
The ultimate goal for undocumented immigrants living in the USA is to attain a long-term legal status, through which they can one day become permanent residents (green card holders) and eventually obtain U.S. citizenship.
Before we delve into the different paths these undocumented immigrants can take to become legal citizens, it’s important to define what we mean by “undocumented immigrants.”
Defining Undocumented Immigrants
The phrase “undocumented immigrant” is used to define an immigrant that does not have a legal status. This could mean that they entered the country with a non-immigrant visa (ex. student visa, tourist visa) and overstayed the legal duration or they came in without any inspection at all (they entered illegally through the border without interaction with a U.S. border agent).
Individuals that are living illegally in the country can get legal status in the various ways. Bear in mind that these paths to legal status aren’t available to everyone:
1. Get a Green Card by Marrying a U.S. Citizen or LPR
In the past, marrying a U.S. citizen was one of the simplest ways of attaining legal status in the country. Marriage to an American spouse meant that you and your children would receive permanent resident status.
On the surface the process looks fairly easy but it really isn’t. For example, if the foreign spouse and their children entered the U.S. illegally, they will be asked to leave and re-enter with an immigration visa.
If the undocumented spouse and their adult child (aged over 18 years) lived in the U.S. illegally for at least 180 days, they will be barred from entering the country for anywhere between 3–10 years.
Families which have been split up can apply for a waiver if they show that the absence of the immigrating spouse has caused “extreme and unusual hardship” to the American spouse. But even this process is lengthy and expensive.
To fix the shortcomings of the waiver process, the “provisional” waiver was introduced which allowed the immigrant spouse to enter the U.S. after going through a consular interview.
2. DREAMers Green Card or Permanent Residence Through Employment with LIFE Act Protection
DREAMers who have received higher education and are now candidates for high-skilled jobs can get sponsored by their employees. After the employer has gone through the process, the DREAMer will still have to leave and re-enter the country unless they have 245(i) protection which permits them to complete the process and get their green card without having to leave.
The LIFE Act enables undocumented immigrants to complete their green card process within the country if an immigration petition has been filed by the DREAMer or their parent before April 30th, 2001.
3. Asylum Status
People who prove that they have been persecuted in their own countries or will be harassed if they were to return to their home countries, can file for asylum status. The “persecution” should have happened by the government or rogue groups the government is unwilling or unable to control.
Persecution is well-defined when it comes to immigration. The persecution needs to happen on the account of: nationality, race, religion, membership in a particular social group or political beliefs.
4. U-Visa for Victims of Crime
Non-citizens that are victims of particular crimes can be protected under a U-Visa. This law was developed to encourage victims to cooperate with law enforcement and police without fearing deportation. Through a U-Visa, non-citizen immigrants can attain legal status with a path to citizenship. They also have the authority to work.
In order to qualify for a U-Visa:
- Individuals should have information regarding the criminal activity
- Individuals should be helpful in the investigation/prosecution of the crime
- The criminal activity should violate U.S. law
The immigration process is incredibly complicated and is difficult to go through without the assistance of a legal aid.
Hiring an immigration law specialist will make the process much easier.
Milenkovic Law Group PLLC. is an immigration visa attorney firm which offers a number of legal services in various areas of New York including The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.
If you’re on the lookout for a reliable immigration lawyer to help with your citizenship application, contact Milenkovic Law Group PLLC. at 914-202-0610.