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A Path to Green Card after Illegal Entry

The Cruz Law Office > Immigration  > A Path to Green Card after Illegal Entry

A Path to Green Card after Illegal Entry

With all the rhetoric going on about amnesty for immigrants put out by the White House and supported by President Barack Obama, it still may be months if not years before the “memo” works its way through the court systems and becomes a reality. Does that mean there is no hope for those immigrants whom entered the country without inspection? Not necessarily.

U.S. Customs And Border Protection Secures Tex-Mex Border From Land, Air and SeaMany of the privileges that apply to immigrants who came to this country on a Visa or some other legal means may not apply to those suspected of entering the US illegally. But there is still hope for those who did not pass inspection, are good people, work hard and either have made this country their home or want to make it their home. Many immigrants are under the impression that if they have children in this country, and the children turn 21, they can apply for their parents to have legal residency. It is not so easy. In some cases, an immigrant may qualify for counselor processing if they have a “qualifying relative” who could file a waiver on their behalf. A “qualifying relative,” unfortunately cannot be their child but rather must be a spouse or parent.

There is another possible exemption for parents, however, under section 245i a provision of the Legal Immigration Family Equity Act (LIFE Act) in certain cases. First, the parent must qualify for admission under sections of the Immigration and Nationality Act, which deals with inadmissibility. The parent must never have been deported or given voluntary departure and then re-entered the United States although a waiver may be possible if they entered the country with fraudulent documents and were caught at the border. One must never have committed a crime in this country. Because there are so many other factors that determine a parent’s eligibility it is important to talk to a professional immigration firm like Cruz Law Offices to help with the process.

The key to using section 245i of the immigration code is that someone must have filed a petition on your behalf prior to April 30, 2001 for you to have permanent residency in this country. Perhaps an old employer, friend or family member began the process and never followed through.

Sometimes this takes a jogging of the memory since many years may have passed since an event like this occurred. Sitting down with professionals at the Cruz Law Firm and submitting to complete and through questions about your background may be the answer to your prayers. In that case, it will not matter what the courts decide about the current Executive order. More on Immigration in San Diego Spanish.