Each year in the USA thousands of illegal immigrants try to get legal status. They always try to find a way that how can an illegal immigrant become legal? But it is much harder to get legal status.
The US government is very strict about illegal immigrants and in most cases, it can only deport and send them back to the original country.
However, some situations can get an illegal immigrant a legal status. If you are looking for the ways this article is surely for you.
Who Are Illegal Immigrants?
Before we go through the details about getting legal status it is important to understand the term of illegal immigrants. Actually, an immigrant is a person who leaves his/her original country and decides to stay in another country.
But when it comes to illegal immigrants, it includes illegal ways to stay in the country in which he/she is not a citizen.
Every year about 65% of people are those who do not leave the USA even after the expiration of their visa. While the remaining 35% are people who enter the country through the border of the USA. Whatever the condition may be, the USA deals both in the same way.
When Illegal Immigrants Become Legal?
The USA is very strict about illegal immigrants and it does not leave any window that can make an illegal immigrant legal. However, it comes with some exceptions that can help you to become a legal immigrant and get legal status in the country. These are rare cases but can be very helpful if your case falls into these.
1. TPS ( Temporary Protection Status )
Temporary protection status is only for 18 months. If you are an illegal immigrant and want to apply for TPS, the conditions will be as follows.
Firstly, these should be unavoidable circumstances from where the immigrant originally belongs. These can be natural disasters, war, and unavoidable circumstances.
Secondly, it is only for the time period of 18 months. You cannot get any extension. It also does not give the right of getting a green card.
During the period of 18 months, the government will allow work permits and in this way some other options are available, that can lead to getting legal status.
2. Seeking Asylum
The second way is asylum. The basis of seeking asylum is fear of prosecution in the original country of the illegal immigrant. This product should be based on politics, religion, race, and nationality.
The US government will analyze your application and after proper security, it will give you asylum.
For seeking asylum you should legally enter into the country based upon any kind of visa. You should also apply within the duration of visa expiry. If you apply for asylum after the expiry the government will not entertain your application.
3. Application In Removal Stage
Until now we have told you prior to the arrest of an illegal immigrant. But this method is only for the people who have been arrested. This is the ray of hope if you meet the conditions that we are going to tell you.
Firstly, you have been living in the US for 10 years.
Secondly, you should be a positive citizen with no criminal record.
Thirdly, removal can cause your family an irreparable loss.
Fourthly, you are doing such work that is helpful for the growth of the country.
All of the said conditions are very hard and rare cases when an immigrant fulfills all of these conditions.
Marriage & Legal Status
USCIS grants green cards to immigrants who are lawfully married to a citizen of the USA. But when a person is an illegal immigrant this option is not easily available. The authority will see if the illegal is having a bona fide marriage or not. That will go through a long process to follow and get legal status.
Punishment & Bar For Re-entry
You should be well aware of the consequences in the case when immigrant authorities arrest illegal immigrants. When the authorities arrest an illegal immigrant they deport such person to the original country from where he/she belongs.
The authorities also put a ban on re-entry in the country but it varies from case to case. The period of ban starts from 1 year to 10 years.
Frequently Asked Questions (FAQ)
Can you become a citizen if you are here illegally?
Undocumented Immigrants Might Qualify for positive identification or Citizenship by Serving within the U.S. Military. If you serve honorably and on active duty with the U.S. soldiers during one among the wars or conflicts named below, the law allows you to use for U.S. citizenship.
Is it illegal to fake a marriage?
In US, immigration law, marriage not made in straightness and for purposes of immigration fraud may be a felony, subject to a penalty of a US$250,000 fine and five-year prison sentence on the citizen, and deportation of the foreigner.
Is it illegal to get married for a green card?
That said, the practice of obtaining residency through marriage is against the law within the us if the wedding itself is fraudulent. a wedding that’s solely for purposes of obtaining domicile is taken into account a sham, and may be a crime within the us for both participants