Does your immigration lawyer look at you like a ‘deer who has been caught in headlights’ when asked about the following immigration solutions discussed below? If so, you may need to get a second opinion in one of the most complex areas of law in the United States… Immigration law matters.
If you want to learn more about these solutions… READ ON!!
Our Immigration legal team believes finding legal solutions for our clients is highly complex and seriously impacts lives when a solution is overlooked. As a result, our law firm has limited our law practice to U.S. Immigration matters for almost two decades.
Here we share a checklist from our law firm that lists some of the legal options you should review if you or someone you know is out of status or has come into the country uninspected without a visa. Our purpose here is to make you aware and spot issues with your immigration attorney. Based on this list, I will go ahead and point out only a few of the legal options on this list for time sake. Okay, let’s get started!!
1. Nicaraguan Act ( NACARA). Also called the Nicaraguan Adjustment and Central American Relief Act it was a relief available in the 1990s to certain Central and South Americans. If an individual missed the application window, the good news is that the benefit is retroactive, and you may still apply today for NACARA based Permanent Resident Status if you lived here during the required time period.
2. Child of a successful NACARA applicant. Even the child of a successful NACARA applicant who was a minor back in the 1990s, may be eligible for Permanent Resident Status based on his or her parent’s successful application. This is a powerful form of relief and should not be missed.
3. Employment Sponsorship. This option allows a U.S. Employer who wants to sponsor an undocumented individual to do so in exceptional circumstances. However, a special waiver is required in order to except the years of unlawful presence in the United States. Employment is one of the most popular ways, next to family sponsorship, when an undocumented individual is looking for a path to Permanent Resident Status.
4. Derivative Citizenship.
5. U Visa where a crime was committed against non-resident in USA. If at any time a crime is committed against an undocumented person residing in the United States, it is important to report the crime and cooperate with police authorities. Failure to do so will cause a victim of crime who is undocumented to miss out an avenue to receive permanent resident status with the help of a seasoned immigration lawyer. Don’t forget that sexual harassment and abuse is a crime and being undocumented does not mean you have to endure a crime being committed against you.
6. Non pro tunc Motion to forgive falling out of status
7. Family Sponsorship
8. Asylum even if after the one year requirement
9. T Visa (Trafficking Visa). Trafficking occurs in a variety of ways. If you have been hired as an au pair, diplomatic Visa helper, or any Visa where you are being forced to work way beyond the scope of specified job without additional pay, or you have been used to perform illegal activity against your will and under threat or duress. A T visa based ‘Green Card’ is a strong possibility not to be overlooked.
10. Marriage to existing U.S. Fiancé
11. S Visa if you are a key witness and will cooperate with the legal authorities
12. Self-petitioning VAWA if you have been abused, abandoned & mistreated by U.S. spouse.
13. Ineffective counsel. If an attorney has caused you to be out of status a remedy is possible.
14. A National Interest Waiver is available if you have high level education or a cause you have pursued where you have impacted the United States public interest; and you have been recognized nationally or internationally for your contribution.
There are also the below Waivers to forgive criminal, unlawful presence, misrepresentation and so much more:
15. I-601/I-601A Waiver
16. Criminal Waivers
I hope this list can empower anyone who does not know where to begin in resolving his or her out of status issues. Schedule an appointment and meet with experienced legal counsel today. Even if your lawyer gives you the “deer in headlights” look, don’t give up; and seek another legal opinion elsewhere.
All of our lawyers are Members of the American Immigration Lawyers Association. We serve clients throughout the United States & Internationally from our offices based in Washington D.C., Maryland & Virginia. Thank you for (listening). This has been ScottVassell Law U.S. Immigration Minutes.