Ask The Immigrants’ Attorney™
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HOW TO BECOME LEGAL IN THE UNITED STATES?
(2002)
Recently, we have been asked many questions about immigration law and how one can become legal in the US if currently here illegally. To be here illegally means: you may have entered the US illegally (with a fake passport or falsified documents, for example, or crossed a border into the US without inspection); you may have entered the US legally with a Visa but that Visa has now expired and you are still in the US now out of status; or you may have been ordered Deported, Excluded or Removed from the US but still now remain here without legal immigration status.
There are generally at least 5 ways to become legal and lawfully present here in the US if now here illegally. First, one can become legal here in the US through a “Relative Petition.” Either a US citizen or a US lawful permanent resident alien (green card holder) who is a direct relative of yours (father, mother, sister, brother, spouse) can petition the US government through US Immigration and Naturalization service (INS) on your behalf as your relative to permit you to become a lawful permanent resident alien (green card holder) here in the US.
Second, one can become legal here in the US through the “Alien Labor Certification” process; in other words, an employer sponsors you because you are exceptionally qualified to do a specific job here in the US for which no other Americans qualify for or are interested in. Importantly, a related option is to become legal here in the US through your investment of substantial funds in the US to establish a business here and employ individuals.
The third way to become legal is by applying for Political Asylum. You can be granted political asylum in the US if you can prove you fled your country because of persecution against you due to your political, religious, ethnic or other related associations / activities.
Fourth, you can become legal here in the US is through the Diversity Visa Lottery. This is a free annual lottery through which the US awards roughly 55,000 green cards to Visa Lottery applicants (the last Diversity Visa Lottery ran from Oct. 7 – Nov. 6, 2002). You can apply from anywhere in the world, even if you are here in the US illegally or if you have already been Ordered Deported, Excluded or Removed (though, obviously, such issues may later disqualify you).
The fifth way you can become legal here in the US is to timely apply for Temporary Protected Status (TPS) as a citizen of Sierra Leone, Liberia, Burundi, Sudan, Somalia, El Salvador, Honduras, Nicaragua and other countries. TPS is granted to aliens now in the US who are nationals of countries where armed conflict, natural disaster or other extraordinary conditions have created a temporary situation to which return is either unsafe or unfeasible. Citizens from other countries may have other, separate and different immigration rights, including Cuba, Haiti, Syria and other.
These 5 basic options differ in application procedures, evidentiary requirements, legal mandates, and other processes. Additional immigration options exist, including religious visas, visas for battered spouses or widows of US citizens, student / professional training visas, and other. All options are each quite complicated and provide different benefits; for example, certain options permit you to immediately work lawfully in the US, e.g., TPS, while others do not. Also, some options are more difficult than others. Thus, seek assistance now from an Attorney who practices immigration law for further information on these general opportunities to become legal here in the US if now here illegally.
This article does not constitute legal advice, and you should not rely upon this as legal advice. You should seek legal advice from an attorney directly. Do not copy, reproduce or distribute this article in whole or in part without the express written authority of The Law Offices of Mark E. Pelosky, P.C..
If you have questions to Ask The Immigrants’ Attorney, contact The Law Offices of Mark E. Pelosky, P.C. by telephone at 617 884 8100 or 617 291 6645, by email at mpelosky@theimmigrantsattorney.com or at www.immigrantsattorney.com. We provide immigration, criminal, family and business law services in English, Spanish, French and Portuguese.
Ask The Immigrants’ Attorney™
We Fight For Your Rights!
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Ask The Immigrants’ Attorney™
SHOULD I CARRY FAKE IMMIGRATION DOCUMENTS?
(2002)
Recently, we have been asked many questions about immigration law and false documents because so many more immigrants are being caught with them by police and immigration officers. This article briefly provides important points to consider about why one should never carry false documents!
Documents which contain false information are fraudulent, and can expose you to great problems if you are caught with them. If you willfully and knowingly falsify a material fact, make a false statement or use a false document, you may be fined up to $ 10,000, imprisoned up to 5 years, and / or be subject to other penalties which may include deportation, removal and exclusion from the United States.
Fake papers or false documents may include: a driver’s license with your picture but not your true name; a social security card with a fake name or false social security number; a passport, visa or work document which is not valid (perhaps containing altered dates or false names, for example); and other.
Places where you may be asked for proof of identification include: bus, plane or train stations; sports events; schools; public buildings (Town Hall or Post Office, for example); and elsewhere.
Don’t buy fake documents, and don’t falsify true documents for immigration or other purposes. Also do not ever carry false documents with you, and don’t keep them in your car or backpack. Otherwise, if you are caught with them, you will likely be thrown in jail and perhaps never again be free here in the United States.
If you are caught by the police or immigration officials with fake documents, you have the right to remain silent and should not answer any questions until your lawyer comes to your assistance. Also, beware of undercover police or immigration officers involved in “sting” operations now selling or buying fake documents to catch uninformed illegal immigrants!
This article does not constitute legal advice, and you should not rely upon this as legal advice. You should seek legal advice from an attorney directly. Do not copy, reproduce or distribute this article in whole or in part without the express written authority of The Law Offices of Mark E. Pelosky, P.C..
If you have questions to Ask The Immigrants’ Attorney, contact The Law Offices of Mark E. Pelosky, P.C. by telephone at 617 884 8100 or 617 291 6645, by email at mark@theimmigrantsattorney.com, or at www.immigrantsattorney.com. We provide immigration, criminal, family and business law services in Spanish, French and Portuguese.
The Immigrants’ Attorney™
WE FIGHT FOR YOUR RIGHTS!
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