Undocumented immigrants have a goal to a long-term legal status. The steps to legal status lead
to permanent resident status, also known as a green card and U.S. citizenship. There are four top ways
for undocumented immigrants to gain a legal status. These options are marriage to a U.S. citizen or
lawful permanent resident, employment with LIFE Act Protection, asylum status and a U Visa.
Most know that marriage to a legal citizen is a way to gain legal citizenship. However, the
process isn’t that simple as it seems. It must be a real marriage to the U.S. citizen and all previous
marriages from both parties but be legally terminated. The penalty of a phony marriage that could result
in a felony conviction for the U.S. citizen. If the immigrant spouse and children or step children entered
the U.S. without inspection and remained in the U.S., they must leave the country and conclude their
immigration process through U.S. consulates abroad to obtain the green card. If the immigrating spouse
and or children over 18 years of age resided in the U.S. unlawfully for at least 180 days but less than one
year, or they remained more than one year, they could then be automatically prohibited from re-entry
to the U.S. for 3-10 years. Most times the immigrant can qualify and apply for a waiver of the bans. Only
if they can demonstrate that their absence from the U.S. would cause an “extreme and unusual
hardship” to the U.S. citizen or lawful permanent resident spouse or parent. Hardships include financial,
educational, medical and mental health conditions. The wavier covers the undocumented spouse and
the children of the U.S. citizen.
There are certain situations where DREAMers who have had the opportunity to receive
higher education become candidates for higher skilled jobs. In such a scenario, U.S.
employers may be interested in sponsoring the permanent residence of such high
skilled prospective employee. Yet, even if a DREAMer is protected under DACA, such
person may still need the benefits of 245(i) protection though the Legal Immigration
Family Equity (LIFE) Act.
There are many cases where undocumented immigrants, particularly well-educated
DREAMers, may have an employer who may wish to sponsor him or her for a green
card. In some instances the employer will need to go through a process known as Labor
Certification or PERM prior filing for the prospective DREAMer employment visa
petition. However, even after such processes are successfully completed, the process
still requires the immigrant to return to his/her home country because of his or her
original unlawful entry or out of status condition. Yet, if the individual has 245(i)
protection, he/she can complete the process in the United States and obtain a green
card without leaving.
The LIFE Act is a law that allows undocumented immigrants to finish their green card
process in the United States if an immigrant petition was filed on their behalf or on their
parent’s behalf on or before April 30, 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 by April 30, 2001, then not only the father but the DREAMer son or daughter may
be covered by the LIFE Act’s 245(i) provision.
This is a simple presentation of the law and many additional requirements must be met.
If this scenario sounds like it may apply to your situation, speak with an experienced
immigration attorney that can explain the details.
Asylum Status
Asylum status is available to anyone in the United States who has suffered persecution
in his or her home country or who has a well-founded fear of persecution if he or she
were to return to that country. It is important 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-defined. Most importantly, the
persecution must be on account of one of the following five groups: race, religion,
nationality, membership in a particular social group or political opinion.
In general, eligibility for asylum requires that:
▪ You are present in the United States (by legal or illegally entry)
▪ You are unable or unwilling to return to your home country due to past persecution or
have a well-founded fear of future persecution if you return
