Undocumented life in the United States is highly stressful. There is a constant threat of deportation and the subsequent fines that come along with it. Typically individuals entering the United States intend to become legal citizens. However, this can be a complex process.
This blog will outline how individuals can achieve legal status in the United States. There are several ways to accomplish this, going beyond green cards. To understand the citizenship process and related opportunities, keep reading below.
Obtaining Legal Status in The United States
Undocumented life in the United States is highly stressful. There is a constant threat of deportation and the subsequent fines that come along with it. Typically, individuals entering the United States intend to become legal citizens. However, this can be a complex process caused largely by the volume of requested information and line of government questioning.
This blog will outline how individuals can achieve legal status in the United States. There are several ways to accomplish this, going beyond green cards. To easily understand the citizenship process and related opportunities, keep reading below.
Obtaining Legal Status in The United States
There are four common paths that individuals seeking citizenship can take. It is important to note that not everyone qualifies for these paths. There are particular circumstances and situations that call for different actions. For example, not every person is eligible for a green card via marriage.
Green Cards
Marrying an American citizen means that you are an immediate family member or a relative of the American and that relationship allows you to obtain a green card. However, if you entered the country illegally, such as secretly crossing the border, you will need special government permission to apply for your Green Card.
In other words, to marry “into” a green card, you must prove your legal entry status. Original visa information or other documentation will help prove your initial legal entry. But don’t worry, even if you have minimal documentation, having contact with a United States immigration officer can be sufficient evidence to satisfy your legal entry. This situation is common for individuals that stay past their set visa dates.
DREAMers & LIFE Act Protection
DREAMers are individuals who arrived in the United States illegally but received protection under DACA. While many believe that those protected by DACA have a direct path to Green Card, this is not the case under current law. DACA individuals must obtain their Green Card first before obtaining full citizenship. There is current regulation under consideration by the Biden Administration to provide a clearer path to Green Card and Citizenship, we are keeping a close watch on these important changes.
When DACA individuals obtain employment, their employers will occasionally wish to sponsor them for green card eligibility. This process requires the individual to return to their home country to complete a lawful entry to the United States. However, if someone previously filed a petition for the DACA individual, then the individual is protected and can stay in the United States for their green card process under the LIFE Act.
Violence Against Women Act & U Visa
Sex trafficking is a severe problem in the United States, often resulting in the illegal transfer of individuals. Due to this, special protections exist for women who are the victims of specific crimes. The U-Visa exists to help victims of abduction, hostage, sexual exploitation, and more. However, they must offer help to the police during the investigation.
Asylum
If suffering from prosecution in their home country, individuals can seek asylum in the United States. The persecution must pertain to race, religion, nationality, social or political opinion. To begin the asylum process contacting a lawyer is the best route.
One year after the asylum grant, the individual can seek out the process for permanent resident status or their green card.
Contact Our Immigration Team Today
If you or a loved one needs assistance in the citizenship process, don’t hesitate to contact the team at Colón Law Firm.
To find out more about how we can help you, contact us today through our website or give us a call at (864) 697-2870 to schedule a consultation!
