Green Card Application Process for

Illegal Immigrants
www.DoItYourselfGreenCard.com

March 2016

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
http://www.doityourselfgreencard.com/blog/greencard-aka-green-card-proce
ssing-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!

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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
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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 leftbehind 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
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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
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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 ones 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 overstay

If one overstays by
Up to 180 days: May not trigger consequences, but may affect a nonimmigrant 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 immigrants absence will cause
significant or extreme hardship to the immigrants 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
Obamas 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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DACAs pathway to green card

by marriage
For those now married to U.S. citizens, governmentapproved travel abroad can cure their illegal entry
and allow them to seek a green card*
If one qualifies for DACA, which temporarily legitimizes
ones 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/

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

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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
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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

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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
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Thank you!
www.DoItYourselfGreenCard.com
800-756-9706
support@doityourselfgreencard.com
www.plus.google.com/+Doityourselfgreencard_Now
www.facebook.com/doityourselfgreencard
www.twitter.com/DIY_GreenCard

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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 ones specific situation.

One should seek qualified legal advice regarding his or her specific circumstances.

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Thank you!
www.DoItYourselfGreenCard.com
800-756-9706
support@doityourselfgreencard.com
www.plus.google.com/+Doityourselfgreencard_Now
www.facebook.com/doityourselfgreencard
www.twitter.com/DIY_GreenCard

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