Living in the United States as an undocumented immigrant isn’t easy. You might be worried about deportation, unsure how to get work authorization, or wondering if legal status is even possible.
If this sounds like you, you’re not alone. Millions of undocumented immigrants face similar challenges, but there are legal options available that could help you or your loved ones achieve lawful status in the U.S.
At Holden Law Firm, we’ve helped many families and individuals navigate the complexities of immigration law. Let’s explore the ways undocumented immigrants might be able to adjust their status and build a more secure future.
What Does It Mean to Be “Undocumented”?
An undocumented immigrant is someone living in the U.S. without legal immigration status. This could mean they:
- Entered the United States without inspection
- Overstayed a visa
Without legal status, undocumented individuals face risks such as deportation, limited employment opportunities, and family separation. However, several pathways to legal status may be available depending on your specific circumstances.
Potential Pathways to Legal Status for Undocumented Immigrants
While achieving legal status can be complex, it’s not impossible. Below are some common options available to undocumented immigrants:
1. Family-Based Immigration
If you have a close relative who is a U.S. citizen or lawful permanent resident, they may be able to sponsor you for a green card. Eligible relationships include:
- Spouses
- Parents
- Siblings of U.S. citizens.
- U.S. citizen children who are at least 21 years old
Key Considerations:
- If you entered the U.S. unlawfully, you may need to leave the country to complete the process, which can trigger a bar to reentry. Waivers are sometimes available for this.
- Sponsorship requires submitting an immigrant petition and demonstrating that the sponsor meets income requirements.
2. Special Immigrant Juvenile Status (SIJS)
For undocumented children under 21 who have been abused, abandoned, or neglected, SIJS provides a pathway to legal status. Applicants must:
- Be declared dependent on a juvenile court.
- Show they cannot be reunited with one or both parents due to abuse, neglect, or abandonment and that it is not in their best interest to return to their country of nationality.
Once granted, SIJS leads to permanent residency but prohibits sponsoring parents for green cards.
3. U Visas for Crime Victims
Undocumented immigrants who are victims of certain crimes may qualify for a U visa, which provides temporary legal status and work authorization. Eligible crimes include, among others:
- Domestic violence.
- Human trafficking.
- Sexual assault.
- Felonious assault
- Attempt to commit these crimes
Applicants must:
- Cooperate with law enforcement in investigating or prosecuting the crime.
- Show substantial harm as a result of the crime.
After three years, U visa holders can apply for a green card.
4. Asylum
Individuals who fear persecution in their home countries based on race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum. Requirements include:
- Filing an asylum application within one year of entering the U.S. (with some exceptions).
- Demonstrating a credible fear of persecution.
Asylees can apply for permanent residency one year after being granted asylum.
5. Temporary Protected Status (TPS)
TPS allows individuals from designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to live and work in the U.S. temporarily. While TPS is not a direct path to permanent residency, it can provide stability while you explore other options.
6. Cancellation of Removal
If you’re in removal proceedings, you may request cancellation of removal if you:
- Have lived in the U.S. for at least 10 years.
- Have a U.S. citizen or lawful permanent resident spouse, child, or parent who would suffer exceptional and extremely unusual hardship if you were deported.
- Have good moral character.
Approval cancels the deportation order and grants permanent residency but it is only limited to 10,000 green cards a year, which makes it very difficult to obtain.
7. Employment-Based Sponsorship
Some undocumented immigrants may qualify for legal status through employer sponsorship. This often requires:
- A labor certification (PERM).
- A bona fide job opportunity.
Keep in mind that employment-based sponsorship is generally more challenging for undocumented workers due to unlawful entry or out-of-status conditions.
Legal Barriers and Waivers
Certain legal barriers can complicate the path to legal status, such as:
- Unlawful presence: Being in the U.S. without authorization triggers a three- or ten-year reentry bar.
- Criminal convictions: Certain offenses can disqualify you from obtaining legal status.
- Re-entering the U.S. after having been present unlawfully triggers a lifetime bar that requires 10 years of presence outside the U.S. before a waiver is available.
However, waivers are available in many cases. For example, a provisional unlawful presence waiver allows you to remain in the U.S. while applying for a green card abroad.
Hiring an Immigration Attorney
Navigating immigration laws without legal guidance can be overwhelming. An experienced immigration attorney can:
- Assess your eligibility for various pathways and identify the best way forward.
- Present the best possible case on your behalf.
- Represent you in immigration court.
Take the First Step Toward Legal Status
If you’re an undocumented immigrant, this journey can feel isolating and overwhelming. But you don’t have to face it alone. Legal status may seem like a distant goal, but with the right support, it’s within reach.
At Holden Law Firm, we’re committed to helping you understand your options and taking the necessary steps to protect your future.
Contact us today to schedule a consultation. Together, we can work toward securing your legal status in the U.S. and ensuring a more stable future for you and your family.
