1. Green Card Application Process for Illegal Immigrants
March 2016

2. Is green card even possible?
“I overstayed my U.S. visa. I have a family now. Can I get a green card?”
“I entered the United States illegally many years ago. I am married with kids. Can I apply for a green card?”
We are being asked such questions often
The answer to many of them is more complicated than a single “yes” or “no”
Being married to a U.S. citizen is a help
But it may not be a universal key to a solution

3. Green card does not happen fast
Processing times are long in general
times
USCIS is backed up, because of funding and other issues
The process itself envisions multiple phases of review, including
review of the submitted application
background and biometric checks, and
interview
Following the proper process is key!

4. “What is the green card process for me?”
Because circumstances of becoming out-of-status (i.e., being in violation of the U.S. immigration laws) differ from individual to individual, one has to seek legal counseling
An immigration attorney can advise on the
process steps
costs involved
timing and
chances of success

5. Spirit of the U.S. immigration law
The immigration laws’ purpose is not to penalize potential immigrants or their U.S. or alien family members
Example: if an illegal immigrant is deported from the U.S., the left-behind spouse is clearly affected
However, the burden of demonstrating that such removal will cause unreasonable or “extreme hardship” will lie with the immigrant and/or his/her sponsor/spouse
The law is designed to prevent illegal immigration and enforce a process, in accordance to which one can become a legal permanent resident, or a green card holder

6. Precedents to becoming a legal permanent resident
Plenty of precedents exists
A simple google search will reveal many newspaper articles testifying to that
USCIS officers possess authority to “forgive” certain (not all) immigration violations during a petition review process
The process begins by you
coming clean
acknowledging you violated the immigration law and
requesting a formal green card approval based on certain legal qualification criteria

7. Factors for green card application success
Length of time spent out of status
Criminal record in the United States
Bona fide relationship with your spouse
Completeness of the green card application
Diligent following of the green card application process

8. Why delay coming clean?
Subjective (personal) reasons: procrastination, lack of funds, other priorities, etc.
Objective reasons: Legitimate risk of suffering the sever consequences of violation of one’s stay in the U.S.
Obviously, coming clean and filing your paperwork with the USCIS “flashes” you out to the immigration system so that the consequences of the overstay may appear imminent

9. Consequences of the overstay
If one overstays by
Up to 180 days: May not trigger consequences, but may affect a non-immigrant visa applications (you have to show you intend to leave the U.S. at the end of your stay)
Between 180 and 360 days: May trigger “inadmissible” status (i.e., barred from entering the U.S.) for three (3) years
More than 360 days: May trigger “inadmissible” status (i.e., barred from entering the U.S.) for ten (10) years
If one is forcefully removed or deported: May trigger “inadmissible” status (i.e., barred from entering the U.S.) for life

10. Exceptions to “Inadmissible” status
If the illegal immigrant is “minor”, under 18 years old
If the pending asylum, green card, extension or other adjustment of status application is or has been pending during the time otherwise considered to be “overstay”
If the immigrant is an abused spouse
If one is able to demonstrate that the immigrant’s absence will cause significant or “extreme hardship” to the immigrant’s immediate family, who are U.S. citizens or legal permanent residents
Other exceptions
Not an exception: Once you file a petition with the USCIS, it may put a pause on your “overstay” clock

11. Deferred Action for Childhood Arrivals program, or DACA
Controversial 2012 program, initiated by the President Obama’s administration, which is currently under review by the Supreme Court (hearings scheduled for the spring of 2016)
Focused on illegal immigrants, who were underage at the time of their arrival, and were brought to the U.S. by their parents
The program offers a stay on deportation (if such is pending), temporary status in the U.S. and permit to work

12. DACA’s pathway to green card by marriage
For those now married to U.S. citizens, “government-approved travel abroad can “cure” their illegal entry and allow them to seek a green card…”*
If one qualifies for DACA, which temporarily legitimizes one’s status within the United States, the intended immigrant can file Form I-131, seeking an “advance parole,” together with his/her DACA approval
*Source:

13. DACA’s pathway to green card by marriage (continued)
If the USCIS grants one “advance parole”, the government effectively grants one a “permission to re-enter the country [without a visa]... Following a groundbreaking 2012 court decision in a non-DACA advance parole case, the return trip would override [the DACA’s recipient’s] previous entry”*
To state this differently, if a DACA approved illegal immigrant travels outside the U.S. and returns using advance parole, he or she effectively ‘remedies’ his or her previous immigration law violations related to illegal entry in the past
Once he/she enters the country legally, one’s spouse (a U.S. citizen) can sponsor him/her for an adjustment of status application, which will result in a green card – this becomes a legitimate marriage-based green card path towards legal permanent residency
*Source:

14. DACA is under a court review
And it may be legitimized into another chapter of the immigration law, or may be struck down
It offers an opening for many to “clean” their previous entries, and legitimize their path towards green card
The advance parole document is typically processed quickly – within a few weeks
We believe, even if DACA is struck down by courts, once you have an advance parole in hand, the government will not have the authority to go back on the advance parole decision
If one acts quickly, one can legitimately get on the marriage green card pathway

15. Coming clean is key
It will all start with a proactive stance of acknowledging you violated the immigration law
It is done through petitioning to the USCIS, either for green card or through advance parole application

16. Think: Costs are investments
Application fees
Quality immigration attorney
BUT
These are investments!
Once the green card is approved, more opportunity for stable and gainful employment

17. Thank you! www.DoItYourselfGreenCard.com 800-756-9706

18. Disclaimer
The statements expressed in this presentation are opinion of the author.
The opinions are based on research of public information, and may not be complete nor 100% applicable to one’s specific situation.
One should seek qualified legal advice regarding his or her specific circumstances.

19. Thank you! www.DoItYourselfGreenCard.com 800-756-9706