Today we are going to discuss on how to get a green card if you are illegal
Entering the United States without approval is illegal. So is staying in the U.S. without permission after your visa or other authorized stay has expired. Even violating the terms of a legal entry can make your stay illegal . so we will be looking at how to get a green card if you are illegal in the state.
Option 1 – Marriage to U.S. Citizen:
Once you and a U.S. citizen or permanent resident consider marriage, your immigration status for the purposes of leaving and entering the United States changes. You are no longer considered an F-1 non-immigrant but a prospective immigrant.
After marriage, you must apply to adjust your status to permanent residency through USCIS to receive the benefits of residency which allow you to live and work in the U.S. while retaining citizenship in your home country.
The marriage must:
- not have been entered into for the sole purpose of conferring permanent residence status on the alien,
- be legally binding when performed and
- be currently in effect.
Obtain the required forms and documents as listed by USCIS on their Website at https://www.uscis.gov, click on “Green Card (Permanent Residence)”–center left menu, click on “Green Card Through Family, follow the link on the upper right for “Green Card Based Forms.” Currently the forms are:
- I-130 Petition for Alien Relative $355,
- I-131 Application for Travel Document (optional),
- G-325A Biographic Information (one for you and for your spouse),
- I-485 Adjustment of Status Application $1,010,
- I-693 Medical Examination form (call 1-800-375-5283 for current list of doctors),
- I-765 Application for Employment Authorization (optional),
- I-864 Affidavit of Support–include copy of latest IRS form 1040 and copy of previous year’s W-2
For answers to questions or concerns, you should consult directly with USCIS officers (appointments made through the InfoPass Website, https://infopass.uscis.gov) or with an attorney knowledgeable in immigration law since the application process involves your immigrant status and International Services works with non-immigrant status.
- Obtain checks or money orders for the $355 and $1,010application fees
- Obtain passport style photos as directed.
- Mail your application in the order specified on the USCIS website to:
- If sent through U.S. Postal Service:
- U.S. Citizenship and Immigration Services
- P.O. Box 805887
- Chicago, IL 60680-4120
- If sent through non-U.S. Postal Service courier:
- U.S. Citizenship and Immigration Services
- Attn: FBASI
- 131 South Dearborn – 3rd Floor
- Chicago, IL 60603-5520
Processing may take up to 14 months and involves interviews and providing biometrics.
Option 2 – Service in the U.S. Military
The President signed an executive order on July 3, 2002, authorizing all noncitizens who have served honorably in the U.S. armed forces on or after Sept. 11, 2001, to file for citizenship under section 329 of the INA. Section 329 also covers veterans of certain designated past wars and conflicts. The authorization related to the War on Terrorism will remain in effect until a date designated by a future presidential executive order.
Note: A person who obtains U.S. citizenship through his or her military service and separates from the military under “other than honorable conditions” before completing five years of honorable service may have his or her citizenship revoked.
The conflicts that qualify you for immediate U.S. citizenship 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” (otherwise known as the “War on Terrorism” or “Iraq Hostilities”), which began September 11, 2001 and will end by order of the U.S. President.
Option 3 – Cancellation of Removal
HCancellation of removal is a form of immigration relief available to individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review. It was designed to replace “suspension of deportation”, a form of relief available prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”).
If you are arrested by the immigration authorities, you might be able to avoid removal, and receive a U.S. green card, if you can prove all of the below:
- You have already been physically present in the United States for at least ten years.
- You have been a person of good moral character during those ten years.
- Your removal from the U.S. would result in exceptional and extremely unusual hardship to your spouse, parent, or child who is a U.S.
Option 4 – Asylum
GEvery year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Membership in a particular social group
- Political opinion
If you are eligible for asylum you may be permitted to remain in the United States.
Option 5 – Temporary Protected Status
Temporary protected status (also called “TPS”) is a temporary status given to eligible nationals of designated countries who are present in the United States. The status, accorded to nationals from some countries affected by armed conflict or natural disaster, allows persons to live and work in the United States for limited times