Green Card Process for Illegal Immigrants

1
Green Card Application Process for Illegal
Immigrants

• www.DoItYourselfGreenCard.com
• March 2016

2
Is green card even possible?

• I overstayed my U.S. visa. I have a family now.
  Can I get a green card?
• I entered the United States illegally many years
  ago. I am married with kids. Can I apply for a
  green card?
• We are being asked such questions often
• The answer to many of them is more complicated
  than a single yes or no
• Being married to a U.S. citizen is a help
• But it may not be a universal key to a solution

3
Green card does not happen fast

• Processing times are long in general
• http//www.doityourselfgreencard.com/blog/greencar
  d-aka-green-card-processing-times
• USCIS is backed up, because of funding and other
  issues
• The process itself envisions multiple phases of
  review, including
• review of the submitted application
• background and biometric checks, and
• interview
• Following the proper process is key!

4
What is the green card process for me?

• Because circumstances of becoming out-of-status
  (i.e., being in violation of the U.S. immigration
  laws) differ from individual to individual, one
  has to seek legal counseling
• An immigration attorney can advise on the
• process steps
• costs involved
• timing and
• chances of success

5
Spirit of the U.S. immigration law

• The immigration laws purpose is not to penalize
  potential immigrants or their U.S. or alien
  family members
• Example if an illegal immigrant is deported from
  the U.S., the left-behind spouse is clearly
  affected
• However, the burden of demonstrating that such
  removal will cause unreasonable or extreme
  hardship will lie with the immigrant and/or
  his/her sponsor/spouse
• The law is designed to prevent illegal
  immigration and enforce a process, in accordance
  to which one can become a legal permanent
  resident, or a green card holder

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Precedents to becoming a legal permanent resident

• Plenty of precedents exists
• A simple google search will reveal many newspaper
  articles testifying to that
• USCIS officers possess authority to forgive
  certain (not all) immigration violations during a
  petition review process
• The process begins by you
• coming clean
• acknowledging you violated the immigration law
  and
• requesting a formal green card approval based on
  certain legal qualification criteria

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Factors for green card application success

• Length of time spent out of status
• Criminal record in the United States
• Bona fide relationship with your spouse
• Completeness of the green card application
• Diligent following of the green card application
  process

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Why delay coming clean?

• Subjective (personal) reasons procrastination,
  lack of funds, other priorities, etc.
• Objective reasons Legitimate risk of suffering
  the sever consequences of violation of ones stay
  in the U.S.
• Obviously, coming clean and filing your paperwork
  with the USCIS flashes you out to the
  immigration system so that the consequences of
  the overstay may appear imminent

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Consequences of the overstay

• If one overstays by
• Up to 180 days May not trigger consequences, but
  may affect a non-immigrant visa applications (you
  have to show you intend to leave the U.S. at the
  end of your stay)
• Between 180 and 360 days May trigger
  inadmissible status (i.e., barred from entering
  the U.S.) for three (3) years
• More than 360 days May trigger inadmissible
  status (i.e., barred from entering the U.S.) for
  ten (10) years
• If one is forcefully removed or deported May
  trigger inadmissible status (i.e., barred from
  entering the U.S.) for life

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Exceptions to Inadmissible status

• If the illegal immigrant is minor, under 18
  years old
• If the pending asylum, green card, extension or
  other adjustment of status application is or has
  been pending during the time otherwise considered
  to be overstay
• If the immigrant is an abused spouse
• If one is able to demonstrate that the
  immigrants absence will cause significant or
  extreme hardship to the immigrants immediate
  family, who are U.S. citizens or legal permanent
  residents
• Other exceptions
• Not an exception Once you file a petition with
  the USCIS, it may put a pause on your overstay
  clock

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Deferred Action for Childhood Arrivals program,
or DACA

• Controversial 2012 program, initiated by the
  President Obamas administration, which is
  currently under review by the Supreme Court
  (hearings scheduled for the spring of 2016)
• Focused on illegal immigrants, who were underage
  at the time of their arrival, and were brought to
  the U.S. by their parents
• The program offers a stay on deportation (if such
  is pending), temporary status in the U.S. and
  permit to work

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DACAs pathway to green card by marriage

• For those now married to U.S. citizens,
  government-approved travel abroad can cure
  their illegal entry and allow them to seek a
  green card
• If one qualifies for DACA, which temporarily
  legitimizes ones status within the United
  States, the intended immigrant can file Form
  I-131, seeking an advance parole, together with
  his/her DACA approval

Source http//www.startribune.com/obama-deportat
ion-reprieve-program-can-open-a-path-to-citizenshi
p-for-some/371130421/
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DACAs pathway to green card by marriage
(continued)

• If the USCIS grants one advance parole, the
  government effectively grants one a permission
  to re-enter the country without a visa...
  Following a groundbreaking 2012 court decision in
  a non-DACA advance parole case, the return trip
  would override the DACAs recipients previous
  entry
• To state this differently, if a DACA approved
  illegal immigrant travels outside the U.S. and
  returns using advance parole, he or she
  effectively remedies his or her previous
  immigration law violations related to illegal
  entry in the past
• Once he/she enters the country legally, ones
  spouse (a U.S. citizen) can sponsor him/her for
  an adjustment of status application, which will
  result in a green card this becomes a
  legitimate marriage-based green card path towards
  legal permanent residency

Source http//www.startribune.com/obama-deportat
ion-reprieve-program-can-open-a-path-to-citizenshi
p-for-some/371130421/
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DACA is under a court review

• And it may be legitimized into another chapter of
  the immigration law, or may be struck down
• It offers an opening for many to clean their
  previous entries, and legitimize their path
  towards green card
• The advance parole document is typically
  processed quickly within a few weeks
• We believe, even if DACA is struck down by
  courts, once you have an advance parole in hand,
  the government will not have the authority to go
  back on the advance parole decision
• If one acts quickly, one can legitimately get on
  the marriage green card pathway

15
Coming clean is key

• It will all start with a proactive stance of
  acknowledging you violated the immigration law
• It is done through petitioning to the USCIS,
  either for green card or through advance parole
  application

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Think Costs are investments

• Application fees
• Quality immigration attorney
• BUT
• These are investments!
• Once the green card is approved, more opportunity
  for stable and gainful employment

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Thank you!

• www.DoItYourselfGreenCard.com
• 8?00-756-9706
• support_at_doityourselfgreencard.com
• www.plus.google.com/Doityourselfgreencard_Now
• www.facebook.com/doityourselfgreencard
• www.twitter.com/DIY_GreenCard

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Disclaimer

• The statements expressed in this presentation are
  opinion of the author.
• The opinions are based on research of public
  information, and may not be complete nor 100
  applicable to ones specific situation.
• One should seek qualified legal advice regarding
  his or her specific circumstances.

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Thank you!

• www.DoItYourselfGreenCard.com
• 8?00-756-9706
• support_at_doityourselfgreencard.com
• www.plus.google.com/Doityourselfgreencard_Now
• www.facebook.com/doityourselfgreencard
• www.twitter.com/DIY_GreenCard