FREQUENTLY
ASKED QUESTIONS
I
was caught crossing the border in 1998 without documents/permission.
My fingerprints were taken and I was expelled. About a month later,
I succeeded in entering without permission/documentation. Now I
want to get my residency, what should I do?
Currently,
the law of land states that a person who has been deported/removed
(including at the border) and later enters without inspection/permission
is inadmissible to the United States until that person has resided
in the exterior for a period of not less than ten years and after
such period, may apply for permission to re enter the United States.
Consequently, unless such person has a valid claim to asylum or
been the victim of a serious crime, this person will not be able
to obtain their residency without departing the U.S. for a considerable
length of time. In those rare cases, your best bet is to speak
to an experienced immigration lawyer to discuss your possible
options.
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?
It
is very difficult for someone who entered “without inspection”
to legalize their status here because normally an “adjustment
of status” to that of a Lawful Permanent Resident requires
proof of a lawful entry or in the alternative, the undocumented
person be the beneficiary of an immigrant visa petition filed
before April 30, 2001. As such, you may consider a claim to “asylum”
if you have a legitimate fear of being persecuted in your home
country on certain grounds. In that case, you would file an I-589
asylum application and wait for an interview. If you are successful
in your interview you would be granted status as an asylee, and
are eligible to 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 asylum claim. Ultimately, if you do
not win your asylum case on this level or in the subsequent appeals
process you will be ordered “removed” or granted voluntary
departure to leave the United States depending on your particular
circumstances. As you can the see the asylum process is very complex,
and most cases are denied, so it is crucial that you speak with
an experienced immigration lawyer before filing any documents
with the Citizenship & Immigration Service. Similarly, if
you have been the victim of a crime, you may have the chance to
legalize your status but those cases are extremely delicate and
complicated and should be handled by a licensed attorney who specializes
in immigration law.
Unfortunately,
if none of the above applies to you, then, more than likely, 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 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.
Typically, all other overstays seeking to legalize their status
(many 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, this
is a complicated matter not to be handled by the inexperienced!
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 on U.S. soil. If you are a non-citizen
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
general information, click
here to visit the U.S. Citizenship & Immigration Services
website.
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