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Can You Figure out Ways to Become Legal?

By Hazel Ickes Subscribe to RSS | March 13th 2012 | Views:
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United States being a hot destination in all aspects it keeps drawing people who are in search of a better life, towards itself. Few cross the borders to enter US legally and few do not. Such people who do not hold proper documentation, say a visa to enter US are titled as illegal aliens. Some other people may enter US with a proper visa but overstay the visa. They are also considered to be illegal. Illegal aliens are those who break the law and hence become ineligible to receive some social benefits offered by the United States. At some point of time such illegals would want to become legal and let us see if there are some possibilities for them to become legal.

When Is One Termed To Be Illegal?

The following are the three ways that makes a person illegal:

1. Illegal entry makes a person illegal. That is when a person enters US without proper approval or inspection.

2. Visa overstays which counts to the act of overstaying the allowed duration of stay.

3. The act of violating the terms of legal entry.

Can an Illegal Alien Become Legal?

This question actually carries the answer ‘NO’. Unfortunately or fortunately there is no immigration law that grants an illegal alien a legal status. For children who are brought to US by their parents at very small age this unavailability of law is unfortunate. It is fortunate for the US to have such restricted law so that it can preferably control the staggering cost of illegal immigration. But in few peculiar cases if the illegal alien fall under certain genuine criteria of the law, he/she can change his status and become legal.

What Can You Do If You Are Arrested by INS for Being Illegal?

You can apply for cancellation of removal if you are being held by the INS for being undocumented. You can do this only if you have been in US for ten years and had been there with good moral character for all the period you stayed back. You also need to prove that your deportation will cause extreme hardship to your spouse and children.

What Can You Do If You Are Deported?

After you return to your home country, you may try to re-enter by applying a visa. In such case if you very well know that your visa will be denied, you can have a waiver I-601, Application for Waiver of Grounds of Inadmissibility ready in hand so that you can file it as soon as you are denied a visa. The law needs that the “Qualifying US Citizen” ascertains “extreme hardship” to them, the USC, if the spouse’s visa is not finally approved and as a result they need to move permanently to spouse’s country.

Possibilities of Approval

Your waiver or cancellation of removal application will be approved only if you had not committed any crime, had not obtained any immigration benefits by falsely claiming that you are a US citizen or if you had not helped any other person to enter US illegally.

After you become legal in the United States you can take steps to become permanent resident and consequently file citizenship application form to absolutely enjoy the aids of US government.

Hazel Ickes - About Author:
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