Paths to Legalization in the United States
A woman turned to the law firm headed by attorney Alexander Bibichev. She had been in the United States illegally for more than 30 years. All those years, she waited for immigration reform in the hope of legalizing her status. However, after carefully examining all the circumstances of her case, the experienced attorney concluded that she had real opportunities to obtain a Green Card under the existing immigration laws, without waiting for immigration reform. Perhaps some readers of our website are also facing the same choice: whether to seek help from an attorney or, as they say, remain in the shadows until a new immigration law is passed. It is good to have kind friends and advisors, but in this matter, it is still better to trust the opinion of a professional.
— What would you advise a person in this situation?
When consulting people, I always adhere to the principle of “do no harm.” I believe this principle should be followed not only by doctors but also by lawyers. After all, in both cases, a person’s fate is at stake. There are situations where, indeed, there is no other alternative but to wait for changes in immigration legislation. However, if there are grounds for legalizing status, waiting for a future reform is not only shortsighted but also dangerous — you could be arrested any day and then deported from the country. No one knows when immigration reform will be passed or what form it will take. Every person, just like the circumstances of their life, is unique. Nevertheless, there is one piece of advice I can give to everyone without exception: before making any decisions or taking steps in a particular immigration situation, consult an experienced immigration attorney. I have no doubt that you will resolve your immigration issues much faster than if you relied on your own knowledge and dubious advice from amateurs.
— What possible paths for immigration and legalization of status are provided under current rules?
The first path is immigration through an employer.
Every year, 140,000 immigrants can obtain Green Cards through employment-based categories. These include exceptionally talented individuals, as well as managers of multinational companies, specialists with higher education holding a master’s degree and academic titles. In addition, this includes persons with a bachelor’s degree or simply skilled workers. Another category of potential immigrants includes religious ministers and workers of religious organizations. A separate category consists of investors who can also obtain a Green Card by investing from half a million to one million dollars in the U.S. economy.
The second path to immigration in the United States is family reunification.
This is primarily available to spouses, parents, and unmarried children under 21 years of age of U.S. citizens. They receive Green Cards outside the numerical limits. Then there are
4 categories of family-based immigration,
each of which has its own annual limit and, consequently, its own separate queue:
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Unmarried children of U.S. citizens over 21 years old.
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Green Card holders who are reuniting with: a) their spouses and unmarried children under 21 years old; or b) their unmarried children over 21 years old.
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Married children of U.S. citizens.
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Brothers and sisters of U.S. citizens.
I must note that family reunification is a real but not a quick path to legalization, as there are far more petitioners for family reunification than the number of immigrant visas allocated annually.
The third path to immigration is participation in the Green Card lottery.
Every year, 50,000 Green Cards are raffled in the lottery. Winning the lottery itself is not a 100% guarantee of receiving an immigrant visa. First, your turn must come up. Since twice as many winners are initially selected as the number of Green Cards available. Then, the lottery winner must go through an interview at a U.S. consulate and convince the consular officer that the winner’s family, upon arriving in the United States, will not claim government benefits.
Another way to immigrate to the United States is to apply for political asylum.
This path is intended for those who fear returning to their home country where they have been persecuted or may be persecuted if they return. Only certain reasons for persecution can qualify you for political asylum in the United States. Such reasons may include:
— political opinion,
— nationality, ethnic origin,
— race,
— religion, or
— membership in a particular social group.
This can include, for example, spouses subjected to domestic abuse or members of sexual minorities. Not many people know that if spouses — usually women — are subjected to violence in their home country and cannot find protection from the official authorities of their country, they may qualify for political asylum in the United States.
Another path to legalization is available to those who have already lived in the United States for more than ten years and have immediate relatives here — U.S. citizens or lawful permanent residents.
The applicant may obtain a Green Card if they can prove that their deportation would cause extreme hardship to their immediate relatives — U.S. citizens or permanent residents.