FREQUENTLY ASKED QUESTIONS

I crossed the border illegally to enter the United States. I have never had any contact with the authorities nor have I come forward with any type of immigration application. Is there anything I can do to legalize my status?

Unless you have been a victim of domestic abuse by a United States Citizen or Lawful Permanent Resident, if you have been here less than a year, your only option would be to claim asylum if you have a legitimate fear of being persecuted in your home country. You would need to file an I-589 application and wait for an interview. If you are successful in your interview you would be granted status as an asylee, and can apply for your permanent residency a year later. If you are unsuccessful at the interview, you will be placed in removal proceedings before the Immigration Court, where you will have a chance to renew your claim for political asylum or request voluntary departure. Ultimately, if you do not win your asylum case on this level or in the appeals process you will be deported from the United States. For this reason, be very careful with what actions you take for I have seen many people initiate their own deportation process. Consult with a competent attorney before doing anything!

Unfortunately, if you have been in the United States for over a year and/or have had no persecutory problems in your native country, there is not much you can do except hope and pray that the law changes to your favor.

 

I came in legally as a tourist/visitor with a visa, but overstayed and am now illegally here, can I apply for my permanent residency?

Aside from possibility of applying for political asylum through the procedures described above, if an “overstay” has entered into a bona fide marriage with a United States Citizen, they may be able to obtain their permanent residency without having to depart the United States. All other overstays seeking to legalize their status (typically through employment) must return to the U.S. consulate in their home country to receive their visas. This departure, however, may trigger the 3 & 10 year bars which state that an individual illegally in the US for 6 or more months who departs, cannot re-enter the US for a period of not less than 3 years. Similarly, an individual illegally in the US for over a year who departs, cannot re-enter the US for a period not less than 10 years. As you can see, the immigration laws of this country are complicated. Make sure you consult with a competent lawyer before doing anything!

 

I am not a U.S. Citizen but I have a criminal record in this country. Am I in danger of being deported?

The short answer is yes. I would need to analyze your case specifically to assess your level of danger but I can tell you that for more than ten years, the U.S. government has become increasingly intolerant of foreigners committing crimes, especially those involving drugs & violence, on U.S. soil. Aside from consulting a competent immigration attorney, if I were in your shoes, I would immediately see a criminal defense attorney about the possibility of expunging or vacating some or all of your prior convictions.

Alternatively, if you are an alien who has been accused but not yet convicted of a crime, I strongly urge you to speak as soon as possible with a competent immigration attorney about your situation. Pleading guilty (to avoid jail time) to what may be seen as a “lesser” charge could result in your deportation!

For more frequently asked questions check out the U.S. Citizenship & Immigration Services FAQ’s page: