With all the heated rhetoric about undocumented immigrants, green card holders, and lawful permanent residents, it may be time to take action to obtain lawful immigration status. Speaking with an experienced immigration attorney to explore your course of action can help your situation.
With the threat of deportation and the termination of Deferred Action for Childhood Arrivals (DACA), undocumented immigrants still have options for legal immigration and can obtain authorization to live and work in the United States.
One such way is with the Provisional Unlawful Presence Waiver (I-601A). This waiver provides relief to undocumented immigrants who are in the United States and not eligible to apply for adjustment of status because they are out of status, entered on a special visa such as a crewman visa, or they did not have authority to enter the United States and entered without being inspected. These individuals may already have approved petitions but are unable to return to their home country to get a green card because they have been in the United States unlawfully and would be subject to a 3 or 10 year bar on re-entry, for their unlawful presence, if they leave the United States.
According to the U.S. Citizenship and Immigration Services, “Certain immigrant visa applicants who are relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act Section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview.”
Another option is a petition under the Violence Against Women Act (“VAWA”). This option provides relief for undocumented immigrants who have been the victim of physical or emotional abuse. The victim is required to file a self-petition, which the abuser does not need to be notified about, while the victim can seek safety and shelter from the abuser. There are many exceptions to the normal immigration process for victims of abuse.
There are many other options for undocumented immigrants. It is important to speak with an attorney who focuses in immigration, in order to best evaluate your case and find an option suitable for you.
It is a very uncertain and even scary time undocumented immigrants. The experienced attorneys at HAWM Law can provide real help when it comes to immigration and deportation. Our goal is to ensure your family and loved ones are here to stay. We can help you understand your rights and successfully navigate you through the complex immigration rules and laws to ensure your family has the best possible outcome.