2. what are the 7 ways to qualify for legal permanent residence quizlet
For undocumented immigrants in the United states, life can be difficult. The stakes are high. Getting caught means a probable removal (deportation) from the Usa. But information technology as well may break apart a family, disrupt the family's finances, and upshot in stiffer immigration penalties. Currently, there is no extensive amnesty program like President Reagan introduced in 1986, but there are a variety of smaller programs that offering paths to legal condition for certain undocumented immigrants.
For undocumented immigrants, the clear goal is a path to a long-term legal condition. These paths to legal status lead to permanent residence (green carte du jour) and U.Due south. citizenship. Certain immigrants with no legal status may take some paths available. This commodity covers those options and who could qualify for them.
In this article, the term "undocumented" immigrant is used to describe an immigrant without whatsoever legal immigration status. No status maybe the result of entering the United States without inspection or entering via a legal non-immigrant visa (eastward.g. tourist visa, student visa) that has since expired. The term "entered without inspection" or EWI is used to specifically draw someone that has see the edge and never interacted with a U.S. border amanuensis.
Although there are approximately 650,000 babyhood arrivals protected by the DACA program, this is not a lawful immigration status. Information technology is a temporary solution and provides extremely limited opportunities for the beneficiaries. DACA recipients need paths to legal status like any other undocumented individual. Although non anybody will authorize for these paths, they are worth learning almost:
- Green Card through Marriage to a U.South. Denizen or LPR
- DREAMers Light-green Carte du jour through Employment with LIFE Human activity Protection
- Asylum Status
- U Visa for Victims of Crime
Permanent Residence (Greenish Carte) through Marriage to a U.S. Citizen or Permanent Resident
One of the most common questions, and most common paths to legal status, is the treatment of an immigrant without legal condition when he or she marries a U.S. citizen or lawful permanent resident.
For the immediate relatives of a U.S. citizen, obtaining a green card may exist a fairly direct forrad procedure. In fact, a lawyer may non fifty-fifty be necessary. For all others, the process gets complicated. Merely it may be a feasible path to legal condition.
Immediate Relative of a U.S. Citizen
It's important to sympathize that the firsthand relatives of a U.S. citizen include only the spouse, parent or child (under age 21). Provided the firsthand relative had a lawful entry to the U.S., he or she may accommodate status to permanent resident. In other words, the undocumented immediate relative may utilise for a dark-green menu from inside the U.s.. The lawful entry is essential. The undocumented individual must have entered the United States with valid documentation and made face to face contact with a U.S. immigration officer and that officeholder acknowledged the person's entry to the U.S.
Therefore, an individual who overstays a visa and so marries a U.Southward. citizen may by and large obtain a green card through adjustment of status. It doesn't thing if the visa overstay was only six months or vi years, the undocumented immediate relative has the ability to apply for a green card.
RECOMMENDED: Marrying an Undocumented Immigrant and the Immigration Hurdles
I-601A Provisional Waiver
Traditionally, it has always been possible for the undocumented spouse and her or his own dependent children to gain permanent resident status through the marriage to that U.S. citizen or permanent resident. The reality is, however, that the immigration process is not e'er that easy. There are many issues that tin can go pitfalls to spouses and/or pace children of U.Southward. citizens and permanent residents as they contemplate filing for legal resident status. Past constabulary, if the strange spouse and children or step children entered the U.S. without inspection and remained in the U.S., they must get out the country and conclude their clearing procedure through U.S. consulates away to obtain the immigrant visa (greenish card). More importantly, if the immigrating spouse and/or children over eighteen years of historic period resided in the U.Due south. unlawfully for at least 180 days (six months), they could so be automatically barred from re-entry to the U.Southward. for 3 to x years once they leave they U.S.
In many cases these individuals tin can qualify and apply for a waiver of the 3- and ten-year bars if they can demonstrate that their absence from the U.S. would crusade an "extreme and unusual hardship" to the U.S. citizen or lawful permanent resident spouse or parent. In the recent past, the waiver process required that the private first travel out of the U.Due south. and apply from his or her land of origin. This was a costly, and very uncertain process that still risked keeping families apart of lengthy periods of waiver approvals or fifty-fifty worst, waiver denials and full exposure to the 3- or 10-yr bars.
Fortunately, that process is a affair of the by.
A "conditional" waiver is now bachelor that tin be applied for and obtained while the applicant is still in the Usa. The provisional waiver offers individuals some level of certainty that, once canonical, they volition be able to render to the United states after a successful consular interview. The provisional waiver programme covers the undocumented spouse and children of U.South. citizens.
The goal of the provisional waiver plan is to maintain family unit unity. "Extreme and unusual hardships" tin generally include: family ties to the Us and the country of removal, conditions in the land of removal, the age of the U.S. citizen or permanent resident spouse or parent, the length of residence in the United states of america, relevant medical and mental health atmospheric condition, fiscal hardships, and educational hardships.
Applicants should remember that it must exist a bona fide (real) spousal relationship to the U.S. citizen and that all previous marriages must have been lawfully terminated. Marriage fraud (a fake spousal relationship to get a light-green card) carries harsh penalties that could even consequence in a felony conviction for the U.South. citizen.
Prospective applicants should always speak to an experienced clearing attorney before applying for a provisional waiver (Course I-601A, Application for Conditional Unlawful Presence Waiver). Although it may seem like a adequately straightforward procedure, these waivers are highly technical and require conscientious and thorough legal assay. Your answers on the application could have long-term implications to your immigration case.
RECOMMENDED: Determining if You Need the I-601A Waiver for Unlawful Presence
DREAMers Green Carte du jour or Permanent Residence through Employment with LIFE Act Protection
In that location are certain situations where DREAMers who take had the opportunity to receive higher education become candidates for college skilled jobs. In such a scenario, U.S. employers may be interested in sponsoring the green carte for a loftier-skilled prospective employee. Yet, fifty-fifty if a DREAMer is protected under DACA, he or she may still demand the benefits of 245(i) protection though the Legal Immigration Family Equity (LIFE) Act.
There are many cases where undocumented immigrants, specially well-educated DREAMers, may have an employer who is willing to sponsor him or her for a green card. In some instances the employer will demand to become through a process known as Labor Certification or PERM prior filing for the prospective DREAMer's employment visa petition. However, fifty-fifty later on such processes are successfully completed, the process yet requires the immigrant to render to his or her abode country because of his or her original unlawful entry or out of status status. All the same, if the private has 245(i) protection, he/she can consummate the process in the Us and obtain a green card without leaving.
The LIFE Act is a law that allows undocumented immigrants to finish their green carte process in the United States if an immigrant petition was filed on their behalf or on their parent's behalf on or earlier Apr xxx, 2001. For example, if the DREAMer's U.S. citizen paternal uncle filed an immigrant petition or I-130 petition on behalf of the DREAMer's father past April 30, 2001, then not only the father simply the son or daughter may exist covered past the LIFE Deed's 245(i) provision.
This is a simplified presentation of the law and many boosted requirements must be met. If this scenario sounds like it may utilize to your situation, speak with an experienced immigration attorney that can explicate the details.
Asylum Status
Aviary condition is bachelor to anyone in the U.s.a. who has suffered persecution in his or her dwelling country or who has a well-founded fright of persecution if he or she were to return to that country. It is of import to understand that the persecution must be done by the government, or by a group that the government is unwilling or unable to control.
In U.S. immigration law, persecution is fairly well-divers. Most importantly, the persecution must exist on account of one of the following 5 groups: race, religion, nationality, membership in a item social group or political opinion.
In general, eligibility for asylum requires that:
- Yous are nowadays in the Us (by legal or illegally entry);
- Y'all are unable or unwilling to return to your home country due to past persecution or have a well-founded fright of futurity persecution if you render;
- The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social grouping, or political opinion; and
- You lot are not involved with an activity that would bar you lot from asylum.
To begin an asylum case, your lawyer must file Form I-589, Application for Asylum and for Withholding of Removal, along with evidence supporting your merits. There is typically a screening interview to make sure an applicant'southward case is warranted. This is why it is very important to work with a reputable organization (non-profit or legal firm) that is experienced with asylum cases.
Asylees are eligible to employ for a permanent resident status (green carte) i year later receiving the asylum grant. The asylee'south spouse and children are also eligible to use for a light-green carte du jour if they were admitted to the U.s. as asylees.
RECOMMENDED: Eligibility and Benefits of Asylum Status
U Visa for Victims of Offense
In 2000, the Victims of Trafficking and Violence Prevention Act created the U visa to protect not-citizens who have been victims of sure crimes and who have aided law enforcement. The law was created to encourage victims to cooperate with police and prosecutors without the fearfulness of deportation. A U visa provides legal condition, employment authorization, and tin also provide a path to permanent resident condition (green card) in some circumstances.
In that location are four eligibility requirements for a U visa:
- The individual must have suffered substantial physical or mental abuse every bit a event of having been a victim of a qualifying criminal activity;
- The individual must have information concerning that criminal activity;
- The criminal activity violated U.S. laws; and
- The individual must take been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the law-breaking.
Qualifying criminal activities for a U visa include but are non limited to:
- Abduction
- Abusive sexual contact
- Blackmail
- Domestic violence
- Extortion
- Simulated imprisonment
- Female genital mutilation
- Felonious assail
- Hostage
- Incest
- Involuntary servitude
- Kidnapping
- Manslaughter
- Murder
- Obstacle of justice
- Peonage
- Perjury
- Prostitution
- Rape
- Sexual assault
- Sexual exploitation
- Slave trade
- Torture
- Trafficking
- Witness tampering
- Unlawful criminal restraint
- Other related crimes
Boosted details about qualifying crimes tin can exist plant on the USCIS U visa page.
The victim must accept useful data related to the criminal offense and be willing to cooperate with police and officials responsible for investigating the case. The awarding for a U visa requires a certifying statement (Course I-918 Supplement B) from constabulary enforcement. In some areas, individuals outside of police enforcement (such every bit a judge or kid protective services) tin provide the certifying statement.
It is possible for family members (spouse and children) to be covered with the same U visa. Family members who accompany the petitioner can, nether sure circumstances obtain a U derivative visa. The U visa principal must petition on behalf of qualifying family members.
If y'all believe your situation may warrant a U visa, speak to law enforcement officials and an immigration chaser. There are also many non-profit organizations that work with immigrant victims of crime. It is important that you lot make your wishes known early in the process.
Non-LPR Cancellation of Removal
A final option for deportation defence force may exist bachelor to certain undocumented individuals who have lived in the U.s. for a long time and have been placed into removal proceedings. You lot may exist able to obtain lawful status and a green carte through Non-LPR Cancellation or Removal.
To authorize for cancellation, you must run across all of the following requirements:
- You have been living and continuously physically nowadays in the U.S. for at least 10 years;
- Your beingness removed (deported) from the U.S. would crusade "infrequent and extremely unusual hardship" to your U.South. citizen or permanent resident spouse, child, or parent;
- You can show that you accept expert moral character for the past 10 years; and
- Y'all have not been convicted of certain crimes or violated sure laws.
Unfortunately, you cannot proactively sign upward for this do good. It's only available to someone facing removal in immigration court. Meeting all the requirements above is but the minimum criteria. There's also a limit of 4,000 light-green cards issued annually under this constabulary. In other words, there are many people of satisfy all the requirements just do non receive the cancellation of removal. It's incredibly important to get the help of an immigration attorney experienced with deportation defense and establishing the merits of your hardship.
Even if none of the paths to legal status mentioned to a higher place apply to you, in that location'due south reason to exist optimistic. The 2020 Presidential election could evangelize change. Immigration advocates and organizations are pushing hard for legislative change that will provide relief to undocumented immigrants that are already in the U.s. and positively contributing to the U.S. economy.
About CitizenPath
CitizenPath provides simple, affordable, stride-by-step guidance through USCIS clearing applications. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding plush delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS volition approve the application or petition. We provide back up for the DACA Renewal Application (Form I-821D) , Adjustment of Status Application (Form I-485), and several other immigration packages.
If you believe that you may qualify for one of the four paths to legal status described above, delight speak to an experienced clearing chaser that tin can help y'all navigate the process. Visit our page to search for immigration attorneys in your area.
Note to Reader: This mail service was originally published on June 28, 2016, and has been modified with improvements.
Source: https://citizenpath.com/paths-to-legal-status-undocumented/
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