Can’t Fix Your Status Because You Entered “Illegally”?

The question of legal status can weigh heavily on many immigrants, especially those who entered the United States without going through the official channels. This can lead to a constant fear of removal proceedings or a feeling of being stuck.

If this describes you, it’s important to know there may still be options. Here are some general pathways to consider, but remember, this information shouldn’t replace professional guidance.

Marriage to a US Citizen or Green Card Holder

If you are married to a US citizen or lawful permanent resident (green card holder), you may be eligible to apply for a green card through marriage. This process typically involves several steps, including filing a Form I-130: Petition for Alien Relative with USCIS (United States Citizenship and Immigration Services) and attending an interview.

Family-Based Petitions

In some cases, US citizens or green card holders can petition for certain family members, such as parents or children. If you qualify as a beneficiary in such a petition, a family-based immigration lawyer in Phoenix can help you obtain legal status.

Consider Different Visa Options

There are many different types of visas available, each with its own requirements and purposes. An immigration attorney can help you determine which visa type might be a suitable fit for your situation. Here’s a brief look at some common categories:

• Immigrant Visas: These visas come in various categories, like family-based visas, employment-based visas, and visas for refugees or asylum seekers.
• Non-immigrant Visas: These visas are for temporary stays in the United States.

Unlawful Presence

Spending a certain amount of time in the United States without authorization (unlawful presence) can make it more difficult to adjust your status or re-enter the country legally in the future. There are waivers available in some situations, but consulting with a lawyer is crucial to understanding your options.

Record of Presence

Having a documented history of presence in the United States can be helpful in certain immigration applications. This could include school records, employment records, or rental agreements.

If you entered the U.S. illegally multiple times after April 1, 1997, then you’re usually subject to what’s called the permanent bar, but this is not always the case. The permanent bar means you must be outside the U.S. for 10 consecutive years before your U.S. citizen or Lawful Permanent Resident relative can petition for you to seek a Green Card. Maybe all this time, though, your entrance was legal after all. We can determine if your entrance was legal if it happened in one of the following ways:

Having Used Someone Else’s Documents

People always say, “I entered illegally because I used someone else’s documents,” or “I borrowed a friend’s lawful permanent resident card. We looked alike. I showed it to the officer. They didn’t really ask any questions, and then they let me come in because they believed I was that person.”

This is technically a legal entry, though fraudulent. You came through the Port of Entry, you presented someone else’s documents, you were “inspected”, and you were allowed to enter. This is considered a lawful entry.

Waved Through by Car

You went through the checkpoint sitting in the car, and the border patrol officer asked for an ID from the driver. Maybe the driver said, “Yes, everyone is a citizen,” and the officer did not question it, waiving you through in a car. This is considered a lawful entry.

Waved Through by Other Means

What if you were on a bus? Perhaps then you were waived through, making your entrance legal. The same is true if you’re in line to speak with an officer they do not ask to see any documentation. If you were told you can enter, your entrance is probably legal.

Now, let’s discuss illegal entries. If you climb through the mountains on a secret road to get into the United States and no border patrol agents are able to inspect you or waive you through, it is an illegal entry.

Some people cross through bodies of water, such as the Rio Grande. When you don’t go through the Port of Entry, or you climb under the border fence, that’s an unlawful entry. This is what is considered “entering without inspection” and considered an unlawful entry.

The United States immigration system can feel vast and intimidating, especially for those with questions about their legal status or path to permanent residence. The laws themselves can be intricate, but here’s a breakdown of some key concepts to shed some light on this important topic:

Immigration Status vs. Manner of Entry

It’s important to understand the distinction between your immigration status and your manner of entry. Your immigration status refers to whether you are in the United States legally (with a visa or green card) or undocumented (without legal authorization). Manner of entry refers to how you arrived in the United States. While entering without inspection (EWI) is considered an unlawful presence, it doesn’t automatically disqualify you from obtaining legal status in the future.

Unlawful Presence and Re-Entry Bars

If you’ve spent a certain amount of time in the United States without authorization (unlawful presence), it can impact your ability to adjust your status or re-enter the country legally in the future.

There are waivers available in some situations, but the consequences can vary depending on the length of unlawful presence. A waiver for entering without permission immigration lawyer in Phoenix can help you understand these complexities and explore any potential waivers you might qualify for.

Record of Presence

While navigating your immigration journey, it can be helpful to maintain a documented history of your presence in the United States. This could include things like school records, employment records, rental agreements, or utility bills. Having such documentation can be beneficial in certain immigration applications.

Navigating these legalities can feel overwhelming, but there are resources available. Consider reaching out to a Phoenix naturalization immigration attorney for a consultation. New Frontier offers free consultations to discuss your situation and explore your options. An attorney can provide you with legal advice tailored to your unique case and help you navigate the complexities of the immigration process.

The United States immigration system offers a variety of visas and statuses to cater to different needs and situations. Understanding these categories can be a powerful first step in exploring your options for legal immigration status. Here’s a breakdown of some common classifications:

• Family-Based Visas. If you have a close family member who is a US citizen or green card holder, you might be eligible for a family-based visa. Your lawyer can explain everything you need to know about family-based immigration.
• Visas for Refugees or Asylees. If you are fleeing persecution in your home country due to factors like race, religion, nationality, political opinion, or membership in a particular social group, you might be eligible for refugee or asylum status. These processes can be complex, and consulting with an immigration attorney is highly recommended.

The path to legal immigration status can feel confusing and overwhelming, especially with the intricacies of visa categories, lawful presence requirements, and the ever-evolving landscape of immigration laws. If you’re unsure about your immigration options or have questions about your current status, don’t hesitate to reach out to an immigration attorney. Here’s why:

Understanding Your Options

An immigration attorney can assess your unique situation, including your family ties, employment history, and any potential grounds for relief. They can explain the different visa categories (like family-based visas, employment-based visas, or visas for refugees or asylees) and determine which might be the most suitable fit for you.

Understanding the Law

Immigration laws are complex and constantly evolving. An attorney can provide you with up-to-date legal advice tailored to your specific circumstances. This can be especially helpful when considering issues like unlawful presence, re-entry bars, or eligibility for waivers.

Record Keeping and Application Support

Having a documented history of your presence in the United States (school records, employment records, etc.) can be beneficial in certain immigration applications. An attorney can guide you on what documents to gather and ensure your applications are completed accurately to avoid delays or rejections.

Representation in Court

Your immigration journey might involve appearing before an immigration judge in removal proceedings (deportation hearings). A removal defense immigration lawyer in Phoenix can represent you in court, ensuring your rights are protected and advocating for the best possible outcome.

Talk to an Immigration Lawyer Today at No Cost

The good news is that New Frontier offers free consultations. This initial meeting allows you to discuss your situation with a qualified professional in a safe and confidential space. They can answer your questions, explore your options, and give you a better sense of the path forward.

Remember, you are not alone. Many immigrants have navigated similar situations. Taking the first step to speak with an immigration attorney can empower you with knowledge and guidance throughout your immigration journey. Contact us today and start your journey to US citizenship.