Hello everyone, this is Attorney María Mendoza writing to you again. Today I want to talk about one of the most common scenarios for immigrants in the United States: the possibility of fixing papers through a U.S. citizen child over the age of 21. However, although it may seem like a simple process, there are several factors to consider, such as the applicant’s legal history, the method of entry into the country, and other considerations. In this blog, we will explain the most important points regarding this topic, including the different ways to fix papers and the most common obstacles.
Status Adjustment for Those Who Entered Legally.
For those who entered the United States legally, whether with a tourist visa, a laser visa, or another form of entry regulated by the government, the status adjustment process is one of the most common and direct ways to obtain permanent residency. This pathway is applicable for those who:
- Have a U.S. citizen child over 21 years old.
- Have not committed crimes in the United States.
- Can demonstrate that they entered the country legally.
The waiting time to obtain a work permit through this method is approximately six to eight months, while the complete process for permanent residency can take from one to two years. It is important to note that this process can be done without leaving the country, making it an ideal option for many people.
You might also be interested in: How does the 245I Law work?
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What If You Entered the Country Illegally?
For those who entered the United States irregularly, the situation is more complicated, but there are two ways to fix papers without leaving the U.S. through a U.S. citizen child over 21 years old.
- Law 245I: This program allows people who have a petition filed before April 30, 2001, to apply for residency, even if they entered illegally.
- Parole in Place: This benefit allows individuals to fix their immigration status if they have a child or spouse who is or was in the Armed Forces, even if they entered the U.S. irregularly.
It is important to mention that if you are under an immigration penalty such as permanent punishment or false citizenship declaration, Law 245I and Parole in Place will not be viable, and it is advisable to seek other options.
What Is Permanent Punishment and the Declaration of False Citizenship?
Two of the biggest obstacles for those seeking to fix their immigration status are permanent punishment and the declaration of false citizenship. Below, we explain these penalties and the available options to fix your immigration status through humanitarian visas.
- Permanent Punishment: This penalty is imposed on immigrants who have accumulated more than a year of illegal presence in the U.S. after April 1, 1997, and have made illegal entries and exits. Additionally, those who have been deported, regardless of the year, and return to the country without authorization, also face this punishment.
- False Citizenship Declaration: This occurs when someone has claimed to be a U.S. citizen after September 30, 1996, either verbally or with documents.
These penalties limit the immigration options of many people and make it more difficult to regularize their immigration status. However, there are alternatives such as the VAWA Visa or the U Visa, which offer a path to legality, as well as the possibility of applying for permanent residency.
You might also be interested in: What is Permanent Punishment?
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What Is Permanent Punishment and the Declaration of False Citizenship?
Two of the biggest obstacles for those seeking to fix their immigration status are permanent punishment and the declaration of false citizenship. Below, we explain these penalties and the available options to fix your immigration status through humanitarian visas.
- Permanent Punishment: This penalty is imposed on immigrants who have accumulated more than a year of illegal presence in the U.S. after April 1, 1997, and have made illegal entries and exits. Additionally, those who have been deported, regardless of the year, and return to the country without authorization, also face this punishment.
- False Citizenship Declaration: This occurs when someone has claimed to be a U.S. citizen after September 30, 1996, either verbally or with documents.
These penalties limit the immigration options of many people and make it more difficult to regularize their immigration status. However, there are alternatives such as the VAWA Visa or the U Visa, which offer a path to legality, as well as the possibility of applying for permanent residency.
You might also be interested in: What is Permanent Punishment?
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The VAWA visa
The VAWA visa is a humanitarian visa designed for individuals who have suffered abuse or mistreatment by a U.S. citizen child over 21 years old. This humanitarian visa offers protection and a pathway to legal immigration status for parents who have been victims of physical, emotional, or psychological abuse. It is important to note that this process is completely confidential and does not affect the child’s record.
The U visa
Another available resource is the U visa, designed for victims of certain crimes within the United States, including child sexual abuse. This process can benefit the parents of the victim, allowing them to regularize their immigration status.
Regularizing immigration status through a U.S. citizen child is a real possibility, but it depends on many factors. Each case is different and requires a consultation with an immigration attorney to receive a detailed and personalized evaluation. At The Mendoza Law Firm, we have over 14 years of experience in immigration cases. If you or someone you know is in any of the situations described in this blog and seeks to regularize their immigration status, contact us.
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