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ULTIMATE AND FINAL LIST FOR ALL ILLLEGAL ENTRANTS

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  • ULTIMATE AND FINAL LIST FOR ALL ILLLEGAL ENTRANTS

    Hello all. I thought in the spirit of helping everyone, we should once and for all compile a list with any possible avenues for illegal entrants to U.S. (i.e. crossing the border without papers) to get temporary or permanent stay here. While I don't condone this behavior, I think we should see what ways there are to help those already here illegally. Feel free to add any I have missed. Here goes:
    1. Asylum - Hard to get and usually have to apply for it within one year of coming here.
    2. Withholding of removal - Like asylum, but can't get permanent residence from this. Not a permanent fix.
    3. Marriage to U.S. citizen - Must go back to your country and get waiver of inadmissability for 3/10 year bar. No guarantee you will be able to come back before that bar is over.
    4. Cancellation of removal - If here illegally 10 years and removal would cause exceptional and extremely unusual hardship to spouse, parent or child who is U.S. citizen or permanent resident. This will get you permanent residence, but you can't apply for it. You can only get this if you are in removal proceedings.
    5. Registry - If entered U.S. illegally before 1/1/72 and living here continuously since then, you can get permanent residence through this avenue.
    6. Temporary Protected Status - Must be here in U.S. when TPS for your country is announced. Can't get permanent residence through this, only a temporary fix.
    7. Battered spouse and child - If entered illegally and battery and cruelty were substantially connected to unlawful entry, can get permanent residence.
    8. Temporary Family Unity - Temporarily stays removal and allows for work authorization for for spouses and unmarried minors of legalized aliens.
    9. INA 245(i) - Can pay penalty fee of $1000 if beneficiary of family or employment based petition with USCIS or labor cert. with DOL filed and approvable when filed on or before 4/30/01. If filed after 1/14/98, alien must have been present in U.S. on 12/21/00.

    OK guys, now it's up to you. Anyhting else?

  • #2
    Hello all. I thought in the spirit of helping everyone, we should once and for all compile a list with any possible avenues for illegal entrants to U.S. (i.e. crossing the border without papers) to get temporary or permanent stay here. While I don't condone this behavior, I think we should see what ways there are to help those already here illegally. Feel free to add any I have missed. Here goes:
    1. Asylum - Hard to get and usually have to apply for it within one year of coming here.
    2. Withholding of removal - Like asylum, but can't get permanent residence from this. Not a permanent fix.
    3. Marriage to U.S. citizen - Must go back to your country and get waiver of inadmissability for 3/10 year bar. No guarantee you will be able to come back before that bar is over.
    4. Cancellation of removal - If here illegally 10 years and removal would cause exceptional and extremely unusual hardship to spouse, parent or child who is U.S. citizen or permanent resident. This will get you permanent residence, but you can't apply for it. You can only get this if you are in removal proceedings.
    5. Registry - If entered U.S. illegally before 1/1/72 and living here continuously since then, you can get permanent residence through this avenue.
    6. Temporary Protected Status - Must be here in U.S. when TPS for your country is announced. Can't get permanent residence through this, only a temporary fix.
    7. Battered spouse and child - If entered illegally and battery and cruelty were substantially connected to unlawful entry, can get permanent residence.
    8. Temporary Family Unity - Temporarily stays removal and allows for work authorization for for spouses and unmarried minors of legalized aliens.
    9. INA 245(i) - Can pay penalty fee of $1000 if beneficiary of family or employment based petition with USCIS or labor cert. with DOL filed and approvable when filed on or before 4/30/01. If filed after 1/14/98, alien must have been present in U.S. on 12/21/00.

    OK guys, now it's up to you. Anyhting else?

    Comment


    • #3
      Thanks, I understand. However, your post won't make the illegals go away. I'd like to hear from other lawyers as well to see if there any other avenues for potential clients to use.

      Comment


      • #4
        Interesting list!

        Comment


        • #5
          the list is very helpful. But what are the options for people who entered the US legally but overstayed their visas and want to get permanent residence?

          Comment


          • #6
            THAT WILL BE THE SUBJECT OF MY NEXT LIST, SOON TO BE POSTED...STAY TUNED.

            Comment


            • #7
              Simpliest method - get married to a US Citizen !

              At the rate Americans divorce, there are millions of them to pick from !

              I dont know why most illeagals dont use this simple method. And no, once married to a Citizen , you DO NOT have to leave US to get Green Card...u get it while you are still here.

              Comment


              • #8
                Sohal--Not if they entered without inspection. It's back to the home country as NJattorney listed, to wait for a waiver request from the U.S. citizen spouse to be processed and hopefully accepted.

                Comment


                • #9
                  Thank you AliBA for confirming my post. At least this makes it somewhat harder for illegal entrants to get a green card, knowing they have to leave and pray the waiver is approved. I'm surprised at the lack of additions to my list, but maybe these are the only ways a person who enters illegally has some hope. Time will tell. Of course the other thing I tell potential clients is they can wait and hope some bill becomes law that allows illegal entrants another remedy.

                  Comment


                  • #10
                    great list. i am searching for more information about: INA 245(i). where can i get more info about qualifications, etc. ? thanks

                    Comment


                    • #11
                      Check USCIS website - uscis.gov

                      Comment


                      • #12
                        Please note: to the best of my knowledge 245i is not currently in effect, nor has it been in effect since 2001. Thus, as mentioned in NJattorney's post (albeit in legalese), if the petition was not filed in 2001... you cannot obtain relief through this section.

                        The political climate in the USA makes it appear unlikely to be reinstated in the near future, in spite of several bills that have been proposed....

                        Comment


                        • #13
                          True that, spouse.

                          Comment

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