Undocumented Immigrant Options

This article discusses the available options for illegal or undocumented immigrants living in the U. S.

Entering the U. S. without approval is illegal, including staying in the U. S. without permission after your visa has expired. The U. S. immigration offers very five options for undocumented immigrants in the U. S. for permanent residence or a green card.

1.Marry a U. S. citizen – this option is only available if the marriage is genuine. The marriage makes you an immediate relative of the citizen and in theory you become eligible for a green card; as soon as you get through the paperwork.

• If you entered the U. S. legally but overstayed past the expiration date of your valid visa, your legal entry qualifies you for an exemption to apply for a green card without leaving the U. S. under the adjustment of status procedure
  
• However, if you entered the U. S illegally without stopping at an inspection point, your chances of adjusting your status to permanent residence based on marriage are very slim.
  

2.Service in the U. S. military – if you serve(d) honorably and on active duty with the U. S. Armed Forces during specific wars listed below, you are eligible for U. S. citizenship and will not be required to go through the normal channels of attaining a green card first.

• World War I – 1917 – 1918
  
• World War II – 1939 – 1946
  
• Korean hostilities – 1950 – 1955
  
• Vietnam hostilities – 1961 – 1978
  
• Persian Gulf War – 1990 – 1991
  
• Iraq hostilities – 2001 – until presidential order issued
  

It is a requirement that you enlist while on U. S. territory for example Canal Zone, American Samoa, Swains Island or a noncommercial U. S. ship.
3.Cancellation of removal – if arrested you may receive a green card if you can prove the following:

• You have been physically present in the U. S. for at least 10 years
  
• You have been a person of good moral character during the 10 years
  
• Your removal would result in extreme, unusual hardship to your spouse, parents and/or child who are U. S. citizens 
  
• You are not disqualified from cancellation due to reasons such as; crimes or immigration violations
  

4.Asylum – you can apply for asylum within the first year of entry or expiration of your valid visa entry into the U. S. You will need though to prove persecution in your country based on either race, religion, nationality, political preference etc. If asylum is approved you can apply for a green card after 1 year of approval and U. S. citizenship after four years. If asylum is denied, you will be deported.

5.Temporary Protection Status (TPS) – if you are from a country that recently underwent civil war, or natural disasters or other trouble which makes is unsafe for citizens to return there; the U. S. offers TPS. It is not a green card and does not lead to one. It allows for legal stay in the U. S. for up to 18 months and receipt of a work permit for the duration. Eligible country are listed on the USCIS webpage.

If you need more information on your options find an immigration office in Columbus.

For an immigration lawyer in Columbus, Ohio; the author recommends the Herman Legal Group.