The U.S. has always proved to be a hospitable country for immigrants from all over the world. For decades, the U.S. has been a front runner in providing asylums, protections, and permanent residents to migrants.
Currently, the U.S. has the highest number of immigrants than any other country globally. In the past, the United Nations has estimated that around 46.6 million people in the country were immigrants.
The population of immigrants accounts for both documented and undocumented immigrants. However, the immigration laws pertaining to undocumented immigrants are stringent and are regulated throughout the year.
It can not be conferred that undocumented immigrants may face a lifetime ban or deportation permanently; there are legal ways that may help the undocumented immigrants to become U.S. green card holders or other legal residents.
With a firm objective of assisting undocumented immigrants, we are providing some legal pathways leading to protection.
- Who is an Undocumented Immigrant
The foreign nationals formally entering the U.S. with proper visa status are documented, immigrants. The legal immigrants may enter the U.S. for a study visa, business visa, visit passport, etc., and leave the country within the duration.
In the case of undocumented immigrants, they may have entered the U.S. legally, but they may be staying in the country even after the expiration of their permit. However, another condition includes illegal border crossing without interacting with border forces or an immigration officer.
- Penalties for Illegal Immigrants
Undocumented immigrants, if found by the U.S. authorities, may face deportation or an entry ban. However, the convict is also presented to an immigration court, where penalties may result in the imposition of fines on entry.
Fines of up to six months in prison, or both, may be imposed on illegal immigrants in the United States for the first unlawful entry offense.
According to the United States Code (USC) and the Immigration and Nationality Act, the penalty for illegal immigration in the United States can include fines, imprisonment for up to two years, or both (INA).
- Legal Pathways for Undocumented Immigrants
We always emphasize that immigrants follow the legal and documented procedures. However, in the case of undocumented immigrants, there are still several pathways that can lead to their legal status in the U.S.
Some necessary procedures to follow in the case of undocumented immigrants. Here are legal tips for different situations.
- Receive Consultation for Immigration Lawyers
Immigration attorneys are experienced in the documentation and legal work related to all types of immigration matters. If you are an undocumented immigrant and wondering how to protect yourself?
In the first preference, we always suggest you follow the legal advice of immigration attorneys. The legal work for undocumented immigrants is not an easy procedure to follow. Therefore, the practitioners always understand the critical points of the scenarios.
Similarly, our practice areas also make us a specialist in dealing with matters related to undocumented immigrants.
The answer to your question, I am an Undocumented Immigrant How Do I Protect Myself?, is that follow the legal advice of Stillman Legal.
- Asylum Status
Those immigrants who have flown to the U.S. following the fear of persecution and violence in their native country are eligible to apply for asylum status.
Migrants having a constant threat of fear and persecution by the government or a group are allowed to appeal to the U.S. under an asylee status.
Persecution is clearly defined in U.S. immigration law. Most significantly, the persecution must be motivated by one of the following five factors: race, religion, nationality, social group membership, or political beliefs.
The asylum seekers who successfully prove their cases become eligible to apply for green card status after a year of receiving an asylum grant. Furthermore, the family members of an asylee grant, including spouses and children, are also allowed to apply for green card if they have also entered U.S. asylees.
To initiate the asylum case, Form I-589, Application for Asylum and Withholding of Removal, together with supporting documents, must be applied by your legal advisors.
- Marrying a Legal U.S. citizen or permanent resident for Green Card
According to U.S. law, “immediate relatives” are eligible for green card status. An undocumented immigrant can achieve this status by entering a valid and bona fide marriage.
The “Bona Fida” marriage means that the relationship should be pure and genuine based on a true bond rather than marrying to evade immigration laws.
With marriage to a legal U.S. citizen, the laws allow one to stay in the U.S. and immediately apply for a green card under the adjustment of status.
Marriage to a lawful permanent U.S. resident (a green card holder) makes you eligible for a green card, but you cannot use the adjustment of status.
- Appealing under Temporary Protected Status
The U.S. permits those citizens to extend their stay in the U.S to assist the immigrants from those countries that have been severely affected by civil war, a natural calamity, or any related disaster.
The special status of Temporary Protected Status is granted to those individuals, and the further U.S. also allows people to work in the U.S.
- Applying for the DREAMers Green Card
The DREAMers’ status is primarily applicable to students who have obtained their higher education in the U.S. and become eligible for skilled jobs. U.S. employers can sponsor these DREAMers for a green card. If DACA protects a DREAMer, the benefits of 245(i) protection under the Legal Immigration Family Equity (LIFE) Act may be needed to pursue further.
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