Roadmap to Citizenship: Options for Undocumented Immigrants
The process of citizenship for undocumented immigrants can seem complicated, but there are actually a number of pathways to citizenship available. These options may include marriage to a US citizen, qualifying for asylum or refugee status, or meeting specific requirements for programs like DACA (Deferred Action for Childhood Arrivals).
Understanding these options and their eligibility requirements is the first step. This article will provide a clear overview of the various paths to citizenship in the US, helping you determine which path might be right for you.
Quick Summary:
- An undocumented immigrant is someone who lives in a country without legal permission, lacking necessary documents like visas. If caught, they risk deportation, facing bans depending on how long they’ve stayed unlawfully.
- Citizenship offers stability and security, allowing individuals to work freely, obtain driver’s licenses, and access benefits. It also provides rights and protections under U.S. law.
- There are various ways for citizenship for undocumented immigrants, including marriage to a U.S. citizen, asylum, and DACA (Deferred Action for Childhood Arrivals), Cancellation of Removal, and U Visa for Victims of Crime.
- Serving honorably in the U.S. military during certain conflicts can lead to U.S. citizenship without first obtaining a green card.
What Is an Undocumented Immigrant?
An undocumented immigrant is a foreign-born person who resides in a country without the legal authorization to be there. This means they lack the official documentation, like a visa or permanent residency permit, required by that country’s immigration laws.
Other names for an undocumented immigrant include:
- Unauthorized immigrant
- Illegal alien
- Unlawful non-citizen
If you or a family member is undocumented, you might be dealing with one of these situations.
What Will Happen If I Am an Undocumented (Illegal) Immigrant Staying in the U.S. and Wanting to Have a Citizenship?
If you are in the United States without citizenship, you might be at risk of being caught by immigration authorities. If you get caught, you could be sent back to your home country.
One common way to be in the U.S. illegally is to stay after your tourist visa expires. Depending on how long you’ve been in the country illegally, you may face different penalties:
- 3-year ban: This happens if you’ve been in the U.S. illegally for 6 months to a year.
- 10-year ban: This happens if you’ve been in the U.S. illegally for more than a year.
If you leave the U.S. after being in the country illegally, you might not be allowed back for 3 to 10 years. However, in some cases, you might be able to apply for a special exception to this rule, but it isn’t always possible.
Why Understanding Pathways to Citizenship Matters?
For many individuals and families, the United States represents a land of opportunity. But for those who arrive without legal documentation, navigating the path towards a secure future can be daunting. Understanding the available pathways to citizenship is crucial for several reasons:
- Stability and Security: Citizenship brings stability, letting people work, drive, access benefits, and own property safely. This security helps them contribute more to their communities.
- Rights and Protections: Citizenship provides rights like fair treatment and access to healthcare and education. It ensures immigrants can invest in their well-being and their family’s future.
- Peace of Mind and Opportunity: Seeking citizenship reduces stress, letting people focus on improving their lives. It offers chances for education, jobs, and starting businesses, helping immigrants reach their goals and enrich America.
- Guiding Others: Understanding how to become a citizen can empower people to help others on the same path. They can support friends, family, and fellow immigrants through the immigration process.
Understanding the pathways to citizenship empowers individuals and families to build a secure and fulfilling future in the United States. It’s a journey that requires knowledge, preparation, and potentially, legal representation. By taking these proactive steps, immigrants can unlock a world of opportunity and contribute fully to the social and economic fabric of the nation.
What are the Common Paths to Citizenship for Undocumented Immigrants?
Exploring the paths to citizenship for undocumented immigrants involves understanding various routes available within the legal framework. Here, we delve into common potential avenues that offer opportunities for undocumented immigrants to attain citizenship status in the US
Green Card Through Marriage
When an undocumented immigrant marries a U.S. citizen, they can often apply for a green card to become a citizen. This process can be straightforward if certain conditions are met, but if they are not, the process can become complicated.
U Visa for Victims of Crime
A U Visa is an option for non-citizens who have been victims of a crime and can assist law enforcement. This visa can provide work authorization, legal status, and even a path to a green card in some cases.
There are four main requirements to get a U Visa:
- Being a victim of a qualifying crime: You need to have suffered harm because of a crime.
- Knowledge of the crime: You must know information about the crime.
- Crime violated U.S. laws: The criminal activity must break U.S. laws.
- Helping law enforcement: You must be able to help solve or prosecute the crime.
Asylum Status
Asylum status allows people in the United States who have been harmed in their home country or fear being harmed if they go back to stay in the U.S. safely. The harm must be caused by the government or by a group that the government can’t control.
In U.S. immigration law, harm or persecution must be related to one of five reasons:
- Race
- Religion
- Nationality
- Belonging to a certain social group
- Political opinion
To be eligible for asylum, you must meet certain criteria:
- You must be in the U.S., whether you entered legally or illegally.
- You can’t return to your home country because of past harm or fear of future harm.
- The harm is connected to one of the five reasons mentioned above.
- You haven’t been involved in activities that would disqualify you from asylum.
To start an asylum case, your lawyer needs to submit Form I-589 (Application for Asylum) with evidence supporting your claim. There is usually a screening interview to ensure the case is valid. It’s important to work with a reliable organization or lawyer familiar with asylum cases.
Once you receive asylum, you can apply for a green card (permanent resident status) after one year. Your spouse and children can also apply for a green card if they came to the U.S. as asylees.
LIFE Act Protection
Some undocumented immigrants who have gone to college and qualified for higher-skilled jobs may have the chance to be sponsored by U.S. employers for a green card. Although they may be protected under DACA, they might still need additional protection provided by the Legal Immigration Family Equity (LIFE) Act’s Section 245(i).
Educated DREAMers (undocumented young immigrants who arrived as children) may find an employer willing to sponsor them. However, the employer must go through Labor Certification or PERM before filing a visa petition. Normally, the immigrant would need to return to their home country because of their illegal entry, but if they have 245(i) protection, they can complete the green card process in the U.S. without leaving.
The LIFE Act helps undocumented immigrants finish their green card process in the U.S. if someone filed an immigrant petition for them or their parents before April 30, 2001. For instance, if an immigrant’s U.S. citizen uncle filed a petition for the immigrant’s father by that date, both the father and child could benefit from the 245(i) provision.
Cancellation of Removal
If you are caught by U.S. immigration authorities, you might be able to avoid deportation and get a green card by asking the immigration court to cancel your removal. To do this, you need to prove the following:
- You have lived in the U.S. for at least ten years.
- You have been a good person during those ten years.
- If you are deported, it would cause very serious hardship to your spouse, parent, or child who is a U.S. citizen or legal resident.
- You haven’t done anything that would disqualify you, like committing crimes, violating immigration laws, or being involved in certain groups.
You can’t ask for cancellation of removal on your own. You can only do it if you are already in immigration court and facing deportation. You’ll need a lawyer to help you in this situation.
Serving in the US Military
Undocumented immigrants might be able to get a green card or even U.S. citizenship by serving in the U.S. military. If you serve honorably and on active duty during certain wars or conflicts, you can apply for citizenship without having to get a green card first. However, you must sign up while you are in U.S. territory.
The conflicts that allow you to apply for citizenship right away include:
- World War I (April 6, 1917 to November 11, 1918)
- World War II (September 1, 1939 to December 31, 1946)
- The Korean hostilities (June 25, 1950 to July 1, 1955)
- The Vietnam hostilities (February 28, 1961 to October 15, 1978)
- The Persian Gulf War (August 2, 1990 to April 11, 1991)
- “Operation Enduring Freedom” or the “War on Terrorism” or “Iraq Hostilities” which started on September 11, 2001 and will end when the U.S. The President decides.
After serving in the U.S. military, you can change your status by filing Form N-400, which is an application for naturalization (citizenship). You also need to file Form N-426, which is a request for proof of your military service.
Start Your Citizenship Journey Now: Contact Our NJ Immigration Attorney
Are you living in fear of deportation, limited to low-wage jobs, and unable to access the opportunities America offers? You deserve a brighter future. At Andres Mejer Law in Eatontown, New Jersey, we are focused on helping undocumented immigrants navigate the complexities of achieving citizenship.
Don’t let complicated processes or anxieties hold you back. Our experienced immigration attorneys will guide you through every step of the immigration process, from exploring your options like marriage green cards, DACA, or cancellation of removal, to ensuring all paperwork is filed correctly.
Take control of your future. Contact Andres Mejer Law today for a consultation. We’ll help you chart a course towards a brighter tomorrow, filled with opportunity and security.
