Why It’s Difficult to Regularize Migratory Status if You Entered Illegally

The I-601A pardon is the process in which the US must be exited to regularize migratory status if entered the US unlawfully.

It’s not easy to regularize migratory status through the pardon process, however, these cases can provide a route to get US Permanent Residence.

This pardon is only for two groups of people: Those who have a US citizen or Legal Resident spouse or parent, and those who have an over-21 US citizen son/daughter.

It can be difficult to regularize migratory status for those parents of over-21 US citizen sons/daughters, who don’t have US citizens or legal resident spouses or parents, and whose parents live out of the US.

Those who only have over-21 US citizen sons/daughters and don’t have a spouse or parent who is a US citizen or Legal Resident aren’t able to complete the pardon process. This one is exclusive for those who have a US citizen or Legal Resident spouse or parent.

How does the pardon process work, how long does it take, and what are its steps and risks for certain people?

Bear in mind that this process, the I-601A pardon process, is that in which, for people coming from Mexico, the US must be exited to attend an interview at Ciudad Juarez to regularize migratory status.

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What is the reason why these cases can take long periods of time to regularize migratory status or result in Permanent Residence?

These are some of the most frequently asked questions about these cases. This is not a fast process; and is, besides, a process which consists of three parts.

The three parts of I-601 pardon

Part #1 – Submit family-petition

Somebody must submit a familiar petition for the immigrant. It can be a US citizen or Legal Resident spouse, or an over-21 US citizen son/daughter. Such petition, generally, takes around a year. However, it can take more than this time.

Once the petition is approved, it can be continued with the next step, that’s when the pardon request is submitted.

Part #2 – Submit I-601A Pardon

Pardon, at this point, is taking from two to three years; which can be considered more than the usual time to regularize migratory status.

Up to this part of the process, one year for the familiar petition, and two for the pardon have passed; summing up to three years.

Part #3- Attend interview at home-country US consulate

Next, it corresponds to waiting for the migrant’s home country US consulate interview. In those cases of immigrants coming from Mexico, the interview will be at Ciudad Juarez.

This process is not considered fast. The waiting time for the interview at Ciudad Juarez can take up other two years.

For this reason, the total time would be as follows: one year for the familiar petition, from two to three years for the pardon, and some other two years for the interview, summing around five years in total to reach the Residence, which, even if the wait is worth it in case of being eligible, there can be risks at the moment of exiting the US to get to Ciudad Juarez or migrant’s home country to the interview at the US consulate.

Risks related to exiting the country if regularizing migratory status through pardon is that, when approved, it only forgives two things: unlawful entry and unlawful presence.

A migrant can be in difficult situations in which the pardon will not open a route to Permanent Residence due to being under some sort of bar, same that is considered the most common hits immigration law can give to a record and that can affect any kind of migratory process, either if regularizing migratory status through the pardon or some other process.

Some of the reasons why it can be difficult to regularize migratory status if entered the US unlawfully include being under the permanent bar. It can be hard to determine if being under the permanent bar, reason why is recommended to consult with an immigration attorney.

The permanent bar applies, basically, when having one year of unlawful presence after April 1st of 1997, either by a continuous period or as a sum of several periods.

If when having one year of unlawful presence or a deportation order, the US is exited for any reason and got back (or tried to get back), again, unlawfully, this implies falling under permanent bar.

Today, politics are different than in previous years. In the past, the border could be crossed even without carrying documents. During this period, some immigrants accumulated several entries and exits, which might be affecting their process in the current days, thus, reducing their possibilities of regularizing migratory status.

Other things that can affect are crimes and possible detentions. Whoever aims to exit the US to complete the I-601A pardon process is at risk of the crimes in his/her record at that time, either misdemeanors or felonies, might affect their process out of the US.

Crimes are grouped by categories. There are crimes for which a pardon is not required, but is something that the Immigration Department (USCIS) might use as an element to deny a case; there are crimes for which a pardon is required, and can be fixed through judicial discretion, in case immigration officers pretend to provide the pardon; and there are crimes to which there is no pardon available, which tend to be the most severe in terms of immigration law, like, for instance, drug possession.

There is no pardon available for drug possession other than up to 30 g of marijuana.

Among crimes for which there is no available pardon are drug traffic, money laundering, and crimes including violence which resulted in one or more years of prison. These kinds of crime imply falling under permanent bar.

Detentions for driving under influence (DUI) might not require any pardon. If counting with DUI detentions, or if found guilty of DUI without being detained, there might not be any bar in terms of immigration law for which a pardon must be requested. However, when exiting the US for the interview in the migrant’s home-country consulate, these DUIs can be used as arguments of the migrant not being a person with good moral character, or being a potential threat to the US in a way that the denial of the case can be justified.

The true problem is that the case will not be denied within the country, where the migrant might be with his/her spouse and children, and have a job and a house; but will be denied out of the US, even after having waited five years and paid a lawyer. That’s why is recommended to be cautious with this kind of case.

Something that can also affect migratory procedures if trying to regularize migratory status through an interview in the home-country US consulate is tattoos. Tattoos, either names, religious or cultural imagery, can be related to gangs by immigration officers.

Is highly recommended to consult with an immigration attorney.

If entered the country unlawfully with another person, either a son/daughter or spouse, a case could be denied due to considering the migrant a human smuggler. In these cases, there is an available pardon that can be provided via judicial discretion, however, this might cause the process to take longer.

If a case is denied due to being considered a human smuggler, a pardon request can be submitted which could take another two years to be approved.

The time to get a second interview can be another process of two to three years out of the US waiting for a decision.

These are some examples of things that can affect a procedure in home country US consulates of migrants trying to regularize migratory status through the I-601A pardon. One of the most common reasons for which is struggled to regularize migratory status is not having a clean case.

Having certain crimes, problems with the immigration system, unlawful entries and exits, false allegations made to the Immigration Department, and other certain problems might affect a case in which is tried to regularize migratory status out of the US.

Bear in mind that is not always necessary to exit the US, since there are different ways to regularize migratory status. Important to consult with an immigration attorney to determine the best strategy.