Marriage Green Card Statistics

Green Card Application Process for Illegal Immigrants www.DoItYourselfGreenCard.com

March 2016

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Is green card even possible?I overstayed my U.S. visa. I have a family now. Can I get a green card?I entered the United States illegally many years ago. I am married with kids. Can I apply for a green card?

We are being asked such questions often

The answer to many of them is more complicated than a single yes or noBeing married to a U.S. citizen is a helpBut it may not be a universal key to a solution2

Green card does not happen fastProcessing times are long in generalhttp://www.doityourselfgreencard.com/blog/greencard-aka-green-card-processing-times

USCIS is backed up, because of funding and other issues

The process itself envisions multiple phases of review, including review of the submitted application background and biometric checks, and interview

Following the proper process is key!3What is the green card process for me?Because circumstances of becoming out-of-status (i.e., being in violation of the U.S. immigration laws) differ from individual to individual, one has to seek legal counseling

An immigration attorney can advise on the process steps costs involved timing and chances of success4Spirit of the U.S. immigration lawThe immigration laws purpose is not to penalize potential immigrants or their U.S. or alien family membersExample: if an illegal immigrant is deported from the U.S., the left-behind spouse is clearly affectedHowever, the burden of demonstrating that such removal will cause unreasonable or extreme hardship will lie with the immigrant and/or his/her sponsor/spouse

The law is designed to prevent illegal immigration and enforce a process, in accordance to which one can become a legal permanent resident, or a green card holder

5Precedents to becoming a legal permanent residentPlenty of precedents exists A simple google search will reveal many newspaper articles testifying to that

USCIS officers possess authority to forgive certain (not all) immigration violations during a petition review process

The process begins by you coming cleanacknowledging you violated the immigration law and requesting a formal green card approval based on certain legal qualification criteria

6Factors for green card application successLength of time spent out of status

Criminal record in the United States

Bona fide relationship with your spouse

Completeness of the green card application

Diligent following of the green card application process7Why delay coming clean?Subjective (personal) reasons: procrastination, lack of funds, other priorities, etc.

Objective reasons: Legitimate risk of suffering the sever consequences of violation of ones stay in the U.S.

Obviously, coming clean and filing your paperwork with the USCIS flashes you out to the immigration system so that the consequences of the overstay may appear imminent 8Consequences of the overstayIf one overstays byUp to 180 days: May not trigger consequences, but may affect a non-immigrant visa applications (you have to show you intend to leave the U.S. at the end of your stay)

Between 180 and 360 days: May trigger inadmissible status (i.e., barred from entering the U.S.) for three (3) years

More than 360 days: May trigger inadmissible status (i.e., barred from entering the U.S.) for ten (10) years

If one is forcefully removed or deported: May trigger inadmissible status (i.e., barred from entering the U.S.) for life

9Exceptions to Inadmissible statusIf the illegal immigrant is minor, under 18 years oldIf the pending asylum, green card, extension or other adjustment of status application is or has been pending during the time otherwise considered to be overstayIf the immigrant is an abused spouseIf one is able to demonstrate that the immigrants absence will cause significant or extreme hardship to the immigrants immediate family, who are U.S. citizens or legal permanent residentsOther exceptions

Not an exception: Once you file a petition with the USCIS, it may put a pause on your overstay clock10Deferred Action for Childhood Arrivals program, or DACAControversial 2012 program, initiated by the President Obamas administration, which is currently under review by the Supreme Court (hearings scheduled for the spring of 2016)

Focused on illegal immigrants, who were underage at the time of their arrival, and were brought to the U.S. by their parents

The program offers a stay on deportation (if such is pending), temporary status in the U.S. and permit to work11DACAs pathway to green card by marriageFor those now married to U.S. citizens, government-approved travel abroad can cure their illegal entry and allow them to seek a green card*

If one qualifies for DACA, which temporarily legitimizes ones status within the United States, the intended immigrant can file Form I-131, seeking an advance parole, together with his/her DACA approval

*Source: http://www.startribune.com/obama-deportation-reprieve-program-can-open-a-path-to-citizenship-for-some/371130421/12DACAs pathway to green card by marriage (continued)If the USCIS grants one advance parole, the government effectively grants one a permission to re-enter the country [without a visa]... Following a groundbreaking 2012 court decision in a non-DACA advance parole case, the return trip would override [the DACAs recipients] previous entry*

To state this differently, if a DACA approved illegal immigrant travels outside the U.S. and returns using advance parole, he or she effectively remedies his or her previous immigration law violations related to illegal entry in the past

Once he/she enters the country legally, ones spouse (a U.S. citizen) can sponsor him/her for an adjustment of status application, which will result in a green card this becomes a legitimate marriage-based green card path towards legal permanent residency

13*Source: http://www.startribune.com/obama-deportation-reprieve-program-can-open-a-path-to-citizenship-for-some/371130421/DACA is under a court reviewAnd it may be legitimized into another chapter of the immigration law, or may be struck down

It offers an opening for many to clean their previous entries, and legitimize their path towards green cardThe advance parole document is typically processed quickly within a few weeksWe believe, even if DACA is struck down by courts, once you have an advance parole in hand, the government will not have the authority to go back on the advance parole decisionIf one acts quickly, one can legitimately get on the marriage green card pathway14Coming clean is keyIt will all start with a proactive stance of acknowledging you violated the immigration law

It is done through petitioning to the USCIS, either for green card or through advance parole application

15Think: Costs are investmentsApplication fees

Quality immigration attorney

BUT

These are investments!Once the green card is approved, more opportunity for stable and gainful employment16Thank you!www.DoItYourselfGreenCard.com800-756-9706support@doityourselfgreencard.com

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17DisclaimerThe statements expressed in this presentation are opinion of the author. The opinions are based on research of public information, and may not be complete nor 100% applicable to ones specific situation.One should seek qualified legal advice regarding his or her specific circumstances. 18Thank you!www.DoItYourselfGreenCard.com800-756-9706support@doityourselfgreencard.com

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