Can a case be approved by submitting the evidence requested by the Department of Immigration?
Yes. In most immigration procedures, there is a possibility that the Immigration Department will send a “Request for more evidence,” which is a letter asking for more evidence. Once this evidence is sent to USCIS, the tracking page will show a notice that the new evidence is being reviewed. Once the new evidence is reviewed, a decision will be made for the case.
Can the immigration status be regularized through a 21-year-old son/daughter not in the US Army?
This can be a difficult issue for parents of US citizen sons/daughters over 21. The law works in a way that if you entered the United States lawfully with, for example, a Tourist Visa, it is usually not difficult to obtain a Work Permit in up to 8 months, and Permanent Residence in a year and a half, going through the entire process without exiting the United States.
The situation may be different when entering the United States unlawfully; it can be more complicated. However, there are different ways to regularize migratory status if entered the United States unlawfully:
Through a son/daughter who is or was in the Army
If you have a son/daughter or spouse who is or was in the Army, there is a way to regularize migratory status through a special program.
Law 245(i)
Law 245(i) consists of having a Family Petition filed before April 30 of the year 2001. It can even be a parent or spouse who has such a petition. 245(i) can be a way.
I-601A Waiver
Process in which the immigrant must exit the United States to request a waiver. It should be noted that there is no way to request a waiver through a US citizen son/daughter over 21. This can file the I-130 petition; however, to regularize migratory status through the I-601A waiver, it must be demonstrated that there is a US citizen or Legal Resident spouse or parent who will suffer extreme hardships if the immigrant cannot remain in the country. Another thing to consider is that, when leaving the United States to request the waiver, there are risks that may involve the denial of the case while outside the United States.
Even after waiting several years outside the country to request the waiver, having paid lawyers or notaries; when leaving the United States, if there are arrests in the record, multiple unlawful entries and exits, problems with the immigration system, including tattoos, the interview at the consulate in the immigrant’s country of origin may be affected, and the case denied. Therefore, caution is recommended with this strategy and always consult with an Immigration Attorney.
If the immigrant doesn’t have protection under 245(i), a spouse or son/daughter who is or was in the Army, nor a way to apply for the I-601A waiver, what can be done?
The VAWA Visa, one of the Humanitarian Visas, can provide a way to regularize migratory status without exiting the United States, sometimes obtaining a Work Permit within 6 to 8 months. Now, the VAWA Visa is not only for parents. One of the main requirements of the VAWA Visa is to demonstrate having suffered abuse or family violence from an over 21 US citizen son/daughter.
Some parents go through difficult situations with sons/daughters, either because their son/daughter has problems with drugs, and alcohol, gets involved with dangerous people, or has problems or gang friends. This can lead to abuse, but parents may be afraid to file a VAWA case.
It is important to mention that the VAWA Visa is a completely confidential process that does not require filing a police report against the bully son/daughter; and that the son/daughter will not be left with blemishes on their record; but rather a process that only the Immigration Attorney and Immigration Officers handling the case will know about.
When talking about abuse and family violence, the first thing to come to mind could be beatings and extreme domestic violence. While that is a form of abuse or family violence, it should be noted that United States law is broad and includes things that certain people may not consider abuse, such as a son/daughter having problems with drugs or alcohol, dangerous gang couples or friends, or emotional problems leading to violence. At times, these situations, considering all the behavior of the son/daughter, maybe the only available way to regularize migratory status.
What happens if the Immigration Department requests evidence for a VAWA case?
Specific evidence is not required. Through the VAWA Visa, success can be achieved in a case with credible evidence.
The immigrant’s testimony in the form of a statement, as detailed as possible and with complete sincerity, explaining all the abuses and violence along with the context, may be sufficient evidence to succeed in a VAWA case.
It can be good practice to have more evidence than the Immigration Department may ask for. Certain text messages including profanity, insults, threats, witness statements, and psychological evaluations can serve as evidence. It is recommended to work with a lawyer to gather all possible evidence that may help succeed in a VAWA Visa case.
When renewing a Work Permit, does the receipt help by giving it to the employer to not lose the job?
The situation with the Immigration Department is that there may be delayed cases, even in the case of Work Permits. If a Work Permit is being renewed, the document may take time to arrive regardless of the renewal process. For example, if an Adjustment of Status is being made, that is, applying for Permanent Residence, either through a Family Petition I-130, the VAWA Visa, or the T Visa; USCIS has a memo indicating that the Work Permit will be valid for 540 days, which is the duration of an extension. You can visit the USCIS page to verify that the 540-day extension is indeed reflected. By demonstrating that the renewal is in progress, an immigrant worker should be able to keep his/her job.
My son is married to a US citizen and has DACA. To obtain residency, does he have to leave the country?
There are different options for young people with DACA. It is important to know if the son has a Permanent Bar. If so, options will be limited. However, if he does not have a Permanent Bar, one option is to apply for a Travel Permit through DACA. Generally, it is granted if there are humanitarian reasons. It is recommended to consult with an Immigration Attorney to determine if the Travel Permit application is based on humanitarian reasons. If he exits the United States, and re-enters, it will be a lawful entry, using the passport. A stamp is placed in the passport, and with that stamp he can apply for Adjustment of Status without having to leave the United States, resulting in a Work Permit in approximately 8 months, and Permanent Residence in approximately a year and a half.
Another way is through marriage with a US citizen or Legal Resident.
There are different ways to regularize migratory status, and also different factors to consider, such as the way the country was entered, if having unlawful entries and exits, if having offenses on the record, if having protection under 245(i), if having a spouse in the Army. There are various factors to consider, so it is important to consult with an Immigration Attorney.
Is it easier to return after a 10-year bar or do extreme hardships need to be demonstrated?
One thing to know is if having a Permanent Bar. If the person’s spouse is a US citizen or Legal Resident and the person does not have a Permanent Bar, it is possible to regularize migratory status through an I-601A waiver. The process of this waiver involves filing a Family Petition I-130, which usually takes about a year. After the approval of this petition, it must be waited for an interview at the consulate in the immigrant’s home country, which can take up to two years. It is likely that, later, the immigrant is asked for an I-601A waiver demonstrating that the US citizen spouse or Legal Resident will suffer extreme hardships if the immigrant cannot stay in the country.
If it is only unlawful presence, it may not be so difficult to succeed in these cases as long as the Immigration Attorney handling the case seeks all the legal elements and arguments, and helps to obtain the evidence to build a strong case to submit to the Immigration Department.
I entered with a Visa. My record is clean. What is a good method for regularizing my migratory status? I have been in the United States for 22 years, of which I have been doing my taxes with my ID for 10 years.
This may be the situation for those who are in the shadows in the United States. It is a difficult situation, even more so when you are paying taxes, working honestly and with good moral character, without crimes or problems in the country.
When talking about these immigration issues, ways to regularize migratory status through a US citizen spouse or Legal Resident are mentioned, or perhaps a US citizen son/daughter over 21 years of age, or if you were a victim of a crime within the United States. When you are not in those situations, there may still be a way to regularize migratory status. You must qualify for this method, but it is a way that can help regularize migratory status, and it is through the T Visa.
The T Visa is one of the Humanitarian Visas, and it can provide a way to regularize migratory status without exiting the United States despite not having a spouse with papers, a US citizen son/daughter over 21 years of age, or many relatives within the United States.
There are different ways to regularize migratory status through the T Visa, such as labor abuse and abuse by coyotes.
Some enter the United States with the support of coyotes. These coyotes can mistreat or abuse the immigrant, and take advantage of the situation.
There is usually an agreement with the coyote, such as paying a certain amount to be taken to a place within the United States. However, things may not turn out how initially planned. Upon arriving in the United States, the Coyote may not allow the immigrant to be free unless he/she pays even more than agreed, and may force the immigrant to work, whether cleaning, cooking, or performing other tasks.
In these cases, there may be extreme abuse by the Coyotes, who may be under the influence of substances, while they rape, beat, or threaten the immigrant(s) with guns, who may have no choice but to work for the coyotes.
There are other situations in which coyotes take the immigrant to the United States, do not allow him to leave the point of arrival, and take him/her somewhere to work, such as a construction or mechanic business. Since it is not a situation from which the immigrant can escape due to threats and danger, it can represent an opportunity for a T Visa.
It is recommended to consult with an Immigration Attorney experienced in Humanitarian Visas to determine if there is a way to regularize migratory status through the T Visa.
My husband was extorted by the coyote for more money and held captive. Can he apply for a T Visa?
In cases of the T Visa, it can be an important element to have been forced to work. This may include spending the day cleaning or cooking for coyotes, carrying drugs or other items, or being taken to a business to work, without any payment, for the coyotes.
These cases are not easy. A lawyer must check all the elements.
The T Visa can also be obtained through labor abuse. When an immigrant doesn’t have papers and is working unlawfully, certain employers and companies will try to take advantage of such migratory status.
An example of this may be arriving at a workplace, agreeing on the duration of shifts and payments with the employer, and when receiving the salary payment, making a calculation considering days and hours worked, as well as overtime hours, comparing it with the salary received and noticing that the received salary is below what was agreed upon.
Also, when changing the check, there may be no funds; there may be deception and lies about when payment will be made. When there are outstanding bills and responsibilities with the family, you cannot wait for the correct payment of the payroll.
Situations like these, where you are being exploited or the employer is not paying what was agreed upon, where there are abuses, humiliations, insults, shouts, threats, or even violations; all these labor abuses, all the unpaid wages and labor deceptions; at times, they are important elements that can lead an immigrant to Permanent Residence in the United States without leaving the country, despite not having a spouse who is US citizen or legal resident, or an over 21 US citizen son/daughter.
How accurate are the processing times shown in the USCIS application?
Those processing times can vary. USCIS publishes normal processing times for processing a case; however, this may be different depending on the case and the level of pending applications.
For DACA recipients, what ways are there to regularize migratory status?
If you only have DACA status and have never had unlawful presence, you can regularize your migratory status through a labor petition.
If you already work for an employer, and they want to help the immigrant to regularize their migratory status, there are certain requirements. Not all employers qualify. It is recommended to consult with an Immigration Attorney.
There is a process called PERM, which is done through an I-140 labor petition. That can be a way to regularize migratory status without exiting the United States.
