Featured News 2014 Immigration Options You Didn't Know You Had

Immigration Options You Didn't Know You Had

There are few areas of law that are as complex or nuanced as immigration law. Unfortunately, passports and visas don't necessarily come with directions on how to make United States Immigration Law more understandable. With the help of a knowledgeable immigration lawyer, however, this area of law can seem less overwhelming and you can begin to make informed decisions that you never knew existed!

Below are some legal options to help your legal process get started.

1) Marry a Citizen of the United States

Getting married to a lawful citizen of the U.S. can make you an immediate relative of a U.S. citizen. Under the protection of immigration laws, this can allow you to be eligible to apply for a green card, or permanent legal status. This process is not as easy or straightforward as it seems, however.

Due to individuals taking advantage of this legal option, many lawful citizens who do enter a marriage with an illegal immigrant will catch fire with federal agencies. An immigration attorney can inform you of the application process and explain any of the issues that you may need to expect if you are called in for questioning or investigation.

2) Enter in the United States Military

The U.S. protects its honored and uniformed service members. If you actively serve the U.S. Armed Forces during a war or conflict, you will be afforded the right to apply for citizenship.

You may be qualified for immediate citizenship if you have served in the following:

  • World War I or World War II
  • The Korean wars (from June 25, 1950 to July 1, 1955)
  • The Vietnam wars (from February 28, 1961 to October 15, 1978)
  • The Persian Gulf War (from August 2, 1990 to April 11, 1991)
  • Operation Enduring Freedom, also referred to as the "War on Terrorism" (from September 11, 2001 to the present)

3) Obtain Temporary Protective Status (TPS)

Are you from a country that has experienced a civil war, natural disaster, or other extenuating circumstance out of your control that has made it unsafe to return to your home country? You have options. Unlike a green card or citizenship, obtaining TPS allows you to stay within the borders of the U.S. for a maximum of 18 months. Having been granted TPS, you will be allowed to receive a work permit and work during the time that you are in the country.

4) Apply for a Cancellation of Removal

There are few things as frightening as getting arrested, especially if you are in the country illegally. You may be able to avoid deportation by applying for a cancellation of removal. These applications will be incredibly tedious and require a substantial amount of proof. For this reason, you will need the help of a skilled immigration lawyer who is up to date on all the laws and federal regulations to protect you.

An attorney can help you prove the following:

  • You have been in the U.S. for at least 10 years
  • You have demonstrated good moral standing during your stay of at least 10 years
  • Your deportation would cause undue hardship to your spouse, family, child, or dependent who is a lawful permanent resident

5) Seek Protection Through Asylum Status

When you cannot stay or return to your home country due to persecution, fear of persecution, or other fear based on race, religion, political opinion, or nationality, you may be able to stay in the U.S. under the protection of asylum. You can apply for asylum status (also known as refugee status) within 1 year of your entry into the country, or before the expiration of your stay within the country. Immigrants who have been granted asylum will be allowed to apply for a green card after an additional year, and can apply for citizenship after an additional 4 years.

If you have entered into the U.S. without permission, have stayed past your visa expiration, or have violated any term of the immigration law, you could be in the U.S. illegally. To safeguard your rights and avoid deportation, it is best to speak with a legal professional who can help protect you.

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