5 Different Ways to Obtain a Legal Status
Join immigration attorney, Andres Mejer, as he answers questions at a local school from parents and those submitted by Facebook followers. Andres discusses a variety of ways you may qualify for a legal status. Ways he has successfully helped clients.
Transcript (Transcripción):
Andres Mejer My name is Andres Mejer I know it does not look like it but I am hispanic.I wasborn in Santiago, Chile. From time to time people notice. Born in Chile, my mother’s from Chile and my father Argentina. I came here with my family in the 1980’s The biggest difference bewtwwen you guys and your children, is in my time, in 86 the law changed to give us an opportunity to gain residency. It was actually a stretch of the truth that occured. We came in 81. They gave our family 6 months we ended up staying 30 years , we were considered illegal for almost 10 years, this was the last time that there was an opportunity to apply for something just to stay here.5 years you apply then you receive. Today you you don’t have this, But yes there are 9 principle ways to gain a legal status. What we are going to do today is talk about some of them that our Facebook audience have asked about. They gave us the questions and we are going to answer them for you here.
Nikki My husband, two sons and I entered the country illegally. Once in the U.S., my husband abandoned us, leaving me alone to raise my two sons. Do my children qualify for legal status?
Andres Mejer So the question asked mom and two kids come over here. Father, a father abandoned them. What can she do? So there’s nothing that indicates what mom’s possibilities are. However, the children, since they’re a minor, they qualify for something called special immigrant juvenile.
Andres Mejer The idea behind it is the kids can’t be read, can’t be sent back to the country because they’re being sent back to their parents homes. And it’s their parents that abused , abandoned or misstreated them or one of the parents, could be neither could be both.
Andres Mejer So 5 basic requirements, under 21, single and not married, dependent on somebody who in a simple mom is a to custody, doesn’t have to be mom could be a friend, could be a cousin could be a relative. could be the courts are.
Andres Mejer I could be a guardian. Has to be. And they have plenty a issue in this case demanded by one or both the parents. And it’s not in their best interest to go back to their country. It’s a three step process. First is a child in front of a federal court judge who makes those five findings. Then they apply for immigration. Immigration recognizes the order. They wait for a visa. And then the children in bed with Green Card Now. The downside is you’ll never be able to apply for their parents. The idea is to, I guess, to prevent fraud. They don’t want a situation where dad hits mom.
Andres Mejer Mom comes with the kids. Kids get the Green Card apply for mom and then mom reunites with dad. So the whole family. So it’s not fair. It’s not just. They just cut it off and children will never be able to apply for the next year.
Nikki I was born in El Salvador and I am in the U.S. with T P.S. my son has Daka and my wife is a legal resident. What can I do to attain legal status?
Nikki So the question is asked me if someone has PPACA discovery. That was that. How can they achieve legal status, particularly in today’s time when the Trump legislation is trying to eliminate PBS? So the example that was provided by the spouse, the wife is a Green Card, a lawful permanent resident. If she applies for citizenship, she becomes who’s called the new media Ralph Now. Why is that important? Because the moment that a relationship is approved between husband and wife goes, it is immediately available. Secondly, if a family based decision, there is a two step process. The first is even a document relationship. Who’s applying for medium? Is it my spouse? It my parents? Is it my child? How do I put it? Well, my child first. My parents never say it reminded me.
Andres Mejer Not under the the for. And what’s their status? Well, whether they’d want or did it actually. So that’s a relatively easy process to prove at the moment that’s approved.
Andres Mejer We then go to do the change of status that happens in the U.S. or outside of the U.S.. In order for it to occur here, you need to decide United States.
Andres Mejer You need a legal entity and we need an immediate relatives. Your wife becomes a U.S. citizen.
Andres Mejer We have a be developed, but we don’t have legal entry. CPS provides what it’s called advanced for anyone willing to travel to the U.S. to apply the CDC for the following reasons.
Andres Mejer Need to travel to my country.
Andres Mejer He gets approved U.S.. And they provide. Most people drafted yesterday did enter legally. They didn’t overstay a visa if they visit only due process and we’re hearing people did not. He came here and at some point they were able to apply and receive G.P.S.. So the illegal entry of their spouse should be authentic. Now you take something that’s temporary and you make it permanent.
Nikki I have a 21 year old daughter born in the U.S. She just enlisted in the Army. Would this help me attain legal status?
Andres Mejer Parole in place is very similar.
Andres Mejer to DACA, DACA is Deferred Action for Childhood Arrivals or deferred action. At its core is actually deportation and employment offer.
Andres Mejer There’s a variety of different categories that are in those groups of individuals that can file for parole. In place is one job got is a separate group. The Trump administration is trying to eliminate thought last week November. While the only argument from the Supreme Court on whether he can deliver a couple of months parole in place is this is the citizen document. It’s just a different group of people. The idea behind it is if you’re giving your service to your buddy, you’re in the military. You shouldn’t have to worry that while you’re risking your life, your parents or your loved ones be at work.
Andres Mejer So before you apply English because you’re either in the service or unwilling discharge and your it’s usually your parents really can use that position.
Andres Mejer Your parents will then get employment authorization and prepare for these things. Why is this a. The prior example when we talked about the main way company has the wife was a from a restaurant he said listed with. Yes. You can get a crowd with him in advance for you. Been leaving us and come back in. She get legal entry with legal entry. Anthony media relatives life. A wife, a U.S. citizen. You’d think could was all from temporary protected status to lawful foreign affairs. Permanent, so crawl in place. ICE. Very similarly, once you apply and you’re admitted here and immediately to the United States, they leave. You get the exposure of lawful officials. So 25 year old daughter who a U.S. citizen in the military, you’re roaming around legal entry. She applies for you. And within a year you’re a lawful, permanent residence. So it overcomes a lot of agreement at the polling place. But not every multiple entries is a disqualifying factor in certain crimes are disqualifying factor tourist favors very tightly because we wanted to pick a no, no, no. I wonder if one individual might be to vote. So it is swayed very much in favor. Now it doesn’t help everybody. I have a client room empty. Dianne Feinstein, 95, left in 2001 when her father passed away. Then came back. The United States was part of the border. She was fingerprinted, lied about her name, was sent back, then entered the United States who they were. I guess exactly. One year later, songs and memories apply for her. She gets parole in place. That applies to virtually every part she goes through the interview and they ask her common Trump Trump ICE says she’s a month. Are you sure that’s it? Yes. They pulled out a document showing her prior entry with a different name. The bottom line. She was disqualified from the Green Card. She could still apply and U.S. for the place. Not an easy one. No, like nothing. But it’s still possible. So not everybody gets the benefit because they qualify for the Green Card. But then maybe I’ll fall for the world.
Nikki When I entered the U.S. through the border five years ago, I am presently in an abusive relationship that I want to end. He is an American citizen. He is an American citizen. Can I attain legal status and would I need to stay in this relationship until I am approved?
Nikki U Visa A hollow. We’re talking about an abusive relationship.
Andres Mejer Do I need to stay and happy in China? So it really depends on what the answer is. Always no young thing is the most interesting one. Whether I qualify for a benefit that pays well defined to invest in my spouse U.S the abuser. If this is the U.S. is are valid. If we are. I made my comment. I was not involved in his comments against whom is obviously not limited to women. That’s just the name of the game. Out in the open mic, caught in a hollow scenario. It’s a family based tradition. The difference is I’m doing it by myself. Is. Normally my spouse is highly for. I shouldn’t have to stage a U.S in an relations if only to achieve immediate. So here I applying for myself without any information, without informing my side. I don’t understand that relation. I haven’t a clue.
Andres Mejer I entered into the relationship with the death certificate so they weren’t just a friend or a loved one. I pay her to do it. You know, we did this out of love with all the sudden life changes after having a banquet two years ago.
Andres Mejer Life is very different, but the point of the matter is that it’s like happy marriage and it has to be somebody. The U.S. isn’t a local resident in any family be sufficient. I think the food that at least in the region. On top of that, I have to prove that I suffered in the street. Yeah, it could be that I wasn’t aware my spouse was schizophrenic or bipolar.
Andres Mejer And wait a minute, she doesn’t. And she acts in a weird way because she was a change in idealizing drama. You didn’t know or I didn’t know that she was an alcoholic or you abuse drug.
Andres Mejer So something changed and all of sudden life ain’t good. And I don’t. I should not have been forced to say that, Lisa. But the example that was provided, it’s not clear whether you’re married or not. So if life if my significant other is a U.S. citizen, but we’re not married. I can’t follow up. What’s wrong with the Venezuelans? I go directly to my Green Card. It also forgives entry into the United States illegally. If forgive certain crimes because I’m the victim here. So the burden of proof is higher. But if so, at the moment, no proof. I can apply for government benefits, which normally I won’t be able to get the five by law. If I’m successful, I get I get my Green Card and here’s a waiver builder. But what happens if I’m not married? Where is my significant other is not. The U.S. is in trouble. Well, then I might have to apply for your visa. That might be my only option. So what do you mean? I like the idea of your DADT helping one person takes a no. So I need to have I must have actually reported something to the police in a valid scenario. It doesn’t matter and it’ll probably have some of that ICE coverage to put in a U visa. The police. I don’t know shit now if I’m successful. I get you visa stamps. I can have that for. I get it for years after having it for 3 years. I can then apply for my Green Card so I will get my record. But it’ll be seven 8 years down the road for Hezbollah the moment. So some. I’m a lot of than. So you visa has six appointments, one victim of a qualifying crime.
Andres Mejer I had information about, excuse me, I reported that finds at least three.
Andres Mejer I helped the investigation or the prosecution of backlash, for I suffered emotional or physical harm. 5. I’m a good person. In other words, are not criminals. And 6. I need a law enforcers certification, sworn affidavit from either the judge, the prosecutor or the police.
Andres Mejer Basically it says I was helpful when I was a victim or call my client. And I was helpful. So now what?
Andres Mejer I don’t need to report it to the law, but at least I don’t need a I don’t need that after death. But in the U.S complex, I do. So in some cases, that’s harder. But but. But you visa’s broader. You can help more people by the arm because it’s not marriage based. Not necessarily. Domestic violence is the most common one, but it could be any violent crime, any of twenty three cases.
Nikki Ten years ago. I entered the country. Sure. The border. I have a five year old son with cancer receiving treatment. What happens if I get deported? I can’t leave my son alone.
Andres Mejer Example talk about a woman who came here 10 years ago and has a 5 year old child with cancer. So I assume the 5 year old child is a U.S. citizen. and shes been here 10 years, she hasn’t left. Otherwise she wouldnt be able to come back? So there is something in it in Spanish, in slang. They call it the 10 year law, there really isn’t one.
Andres Mejer It’s an oversimplification of a very complicated process. But the idea is if I’m in removal. the governments trying to deport me.
Andres Mejer If I show certain circumstances, I will get a green card. I’ll become a lawful permanent resident. If the people think, Oh, I’m here, 10 years is automatic and it’s not.
Andres Mejer I have to be in removal proceedings, which means. The government does not know where I am today. I have to tell. Hey, I’m over here. Please deport me. Please put me a procedings because I have a reason to be protected. So it is a trial. And that’s we ended that trial.
Andres Mejer Either the judge will give me my Green Card or will deport me. It’s one or the other. Nothing in between.
Andres Mejer But it’s a very long process. If today I’m not in removal proceedings, the process might take five to seven years until I get to that final stage. At first, i have to start with an asylum application, where I say I’m afraid to go back for me, for my son. For a variety of reasons ones and maybe inadequate medical care or, you know, send a single parents. They. I may have difficulty getting my son to adequate care, particularly if I’m working for. I mean, they may. Give me a job because I six months. So you need to make a reasonable argument. But the bottom line is asylum. This you know, I used to file within a year of entering the country or a year of change position and that didnt happen. So asylum will likely get denied unless I’m successful. and i convince them, the law should be changed. But that’s usually in the appellates. Now in the moment I’m denied. Now im in removal proceedings. Now I can file for this process. But there are four main requirements. One I have, been here 10 years, 2 Im a good moral person,. 3 I’ve not been convicted of a disqualifying crime and 4 extreme and unusual hardship to in this case, the child whose a U.S. citizen. So here in the U.S., he gets insurance, he gets treatment, and he has an opportunity for a better life. In our home countries that may or may not be the case. So I need to show my country. What will be the level of care that we have is even a citizen there? Will he have medical treatment. Now is a big difference in terms of El Salvador or Islam from the the level of care is different. What happens if I have if I’m a citizen of both countries? Now I will need to show that he will not have an opportunity for that same level of care in either country. Long and short of it is she has a path forward for us to get a Green Card. It’s a long one. They only give 4000 a year and it will take a number of years. There are risks because it’s a trial and we don’t know. The judge is going to be. You don’t know what the laws are. Be 6 7 years in the UK. But for some people, it’s the best, the best part they have. We it’s usually the last one we recommend because it takes a long time. It is the most expensive. So if someone has a new visa or a cannabis petition or available, we usually recommend almost anything else because they’re all quicker and they’re usually more controlled. I can’t control what a judge decides. I can’t control when USCIS sees it to some extent considered a decadent design.
