I am Hillary Walsh, an immigration lawyer, and today I want to talk about something that can help young men and women in the United States who do not have immigration status. You might have DACA, perhaps DACA ended just when you became eligible, or it has been out of reach for a few years. You might be looking for other migration options, especially if you don’t want to get married to obtain your papers. Today, we will discover other options available to you if you are in the United States and not married to a U.S. citizen or resident.
Describing the Situation
Let’s talk about the situation that many young migrants face. Imagine you graduated from high school and started college. Maybe you encountered obstacles along the way, such as not being able to apply for federal student loans because you didn’t have a Social Security number, or you were charged out-of-state tuition in the state where you have lived most of your life. Now, you are trying to go to college, but it is very expensive, even more so without access to FAFSA (Free Application for Federal Student Aid).
You might have secured scholarships because you don’t take no for an answer. But now, it’s time to start your first job or move out of your parents’ house, and you don’t have a Social Security number or work authorization. You are hearing conversations about possible deportations, and you are scared and frustrated. Most of what you see on TikTok and other platforms talks about marriage as the only migration option, but I want to show you different ways to help you secure your status without having to get married.
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Option 1: Special Immigrant Juvenile Status (SIJS)
SIJS is designed for children who have been abused, neglected, or abandoned by one or both parents. To qualify, you need a court order from a state juvenile court declaring that you cannot reunify with your parents and that it is not in your best interest to return to your home country.
Age Requirements
The age limit for SIJS varies by state. For example, in Nevada, you can be up to 20 years old, while in Arizona, you might have problems if you are over 18 years old. Generally, you must be under 21 years old. Once you have the court order, you apply for SIJS with USCIS.
Option 2: Asylum
Asylum might not seem like an obvious option if you have lived in the United States for a long time, but it could be an option if you fear returning to your home country. For example, if you are from Ukraine, the Democratic Republic of the Congo, Afghanistan, or Iran, and you have a legitimate fear of persecution, you should consider asylum.
Do not self-diagnose your eligibility. Contact an immigration lawyer to discuss your fear of returning to your home country and see if asylum is an option for you.
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Option 3: U Visa
The U visa is for victims of certain crimes, such as domestic violence, sexual assault, human trafficking, and armed robbery. If you reported the crime and cooperated with the police, you could be eligible for a U visa. This visa provides temporary legal status and a work permit, and after three years, you could apply for a green card.
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Option 4: T Visa
The T visa is similar to the U visa but specifically for victims of human trafficking. Human trafficking includes more than what you see in the movies; it can involve coercion, verbal abuse, and other forms of control. To qualify, you must demonstrate that you were a victim of trafficking and are in the United States because of it. Like the U visa, the T visa can lead to a green card without leaving the country.
Other Options:
Employment-Based Options
Although New Frontier Immigration Law does not offer employment-based migration services, there are options available through employment visas and green cards. Consult an employment immigration lawyer to explore these options.
DACA
DACA is currently on hold, but it might not be forever. If you have DACA, maintain it diligently. Renew early and avoid any criminal issues, as losing DACA can lead to serious problems, including possible deportation proceedings.
Conclusion
Navigating the migration system is a challenge, but you don’t have to do it alone. Seeking guidance from an immigration lawyer can make a big difference in understanding your options and securing your future in the United States.
If you have any questions or need personalized assistance, please contact us at New Frontier Immigration Law at (623) 742-5400. Every situation is unique, and the right solution for you is here.