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Green Card Application Process for Illegal Immigrants

American Immigration Services Inc.,300 Delaware Avenue, Suite 210-A, Wilmington,

DELAWARE 19801+1-888-616-3824

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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

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Green card does not happen fast• Processing times are long in general• https://www.americanimmigration.us/green-card-renewal-form-i-90/

• 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!

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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

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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

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Consequences of the overstayIf 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

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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

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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

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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: http://www.startribune.com/obama-deportation-reprieve-program-can-open-a-path-to-citizenship-for-some/371130421/

Reach USNumber : +1-888-943-4625

Mail id : americanimmigration@gmx.us

Website: www.americanimmiration.us

Disclaimer American Immigration Services is a private entity and is not

affiliated or approved by any government agency. All the online forms that you will be filling with American Immigration Services can be availed free of cost from the USCIS with written instructions. We are not a law firm and don't provide attorney's services. The service fee that you pay to us does not include any applicable government filing fees. We assist you in filling the forms accurately and ensure that it is ready to be filed with the USCIS by you