Petition For Alien Relative Without Leaving the Country
"El Show Sin Fronteras"
Spanish Video Above Translated In English Below
Today's broadcast of El Show Sin Fronteras features a special guest, Aaron, who is one of our clients and is here to tell us a little bit about his experience in filing a Petition for Alien Relative to obtain a permanent residency in the US. We receive a lot of questions about this topic and we want to take the opportunity to provide clear, honest information, and there is no better way than to have the support of our guest.
Along with Austin immigration attorney, Kate Lincoln-Goldfinch, and Firm Administrator, Fidel Campuzano, we will be discussing common questions about obtaining a work permit, and how to submit a Petition without leaving the country.
Petition For Alien Relative Without Leaving the Country
In general, there are four ways to be able to adjust your immigration status without leaving the country, normally, a person who has entered without a visa and marries a permanent resident or citizen, these people in addition to the Petition for Alien Relative, must process a Waiver through the consulate, in the case of Mexicans, a consulate located in Ciudad Juarez will be assigned.
However, there is an option for people who can benefit from an Adjustment of Status and can regularize their migratory case without leaving the country, these people must be immediate family members, wife or husband, father or mother of a U.S. citizen as long as he or she has reached the majority age (21 years old).
There is an alternative for family members of people who are serving or have served in the military, even if they entered the country without a visa, to benefit from the Parole In Place program and have legal entry into the country.
For individuals who were petitioned more than 20 years ago, they can regularize their status by filing Form I-245.
Ultimately, the VAWA program offers those individuals who have suffered domestic abuse in their relationship with a U.S. citizen the ability to process their Adjustment of Status without the assistance of a petitioner. This program does not require a visa entry in order to regularize your immigration case.
Do I Need To Be A Citizen Or Permanent Resident To Submit A Petition?
Yes, only permanent residents or citizens of the U.S.A may petition for their immediate family members. A special case is for those permanent residents who want to petition for their children, it is important to clarify that only a petition for an unmarried child can take effect due to only citizens can petition for their children regardless of their marital status.
What Happens In The Case Of Dreamers (DACA)?
For people who are beneficiaries of the DACA program (Dreamers), they can work and study in the U.S., however, they cannot enjoy all the rights of being a permanent resident or citizen of the country, there are certain jobs that require being a permanent resident.
The biggest problem facing Dreamers, according to our immigration attorney Kate Lincoln-Goldfinch, is that because they do not have a fixed status in the country, they are subject to be harmed by unexpected changes in the DACA program, every decision in the Federal Court or a new administration in the presidency, can drastically change the immigration status of these people.
Our Firm Administrator, Fidel Campuzano, tells us a little more about what it means to be a DACA beneficiary in the U.S., he says that it is uncertain because you must constantly renew your work permit, it is a situation where your future depends entirely on the decisions of current lawmakers, where you are limited to not buy a car, a house, or do something that commits you for a period of time in the country because of it.
However, he is grateful for the opportunity to have a work permit, social security, and a driver's license that allows him to work at something he is passionate about.
How to Obtain Permanent Residency While Benefited by DACA
When you get DACA status, you do not get the rights you would have if you were a permanent resident or citizen.
Some people may find love and establish a partnership with a U.S. citizen, or, on the other hand, they may get a job where their employer wants to sponsor the person's permanent residency.
In the case of our client, he found love with his American partner, they formalized a relationship of about three years, but Aaron, like many people, was afraid to take the next step and marry their partners because they may feel that the other person or their acquaintances will think that they are only interested in getting papers and permanent residency.
However, Attorney Kate was able to talk to our client and make him understand that as long as the marriage is based on love and a true desire to be together, there is nothing to worry about, unfortunately, many people do try to commit fraudulent acts when trying to obtain residency through this method.
But remember that all cases have unique circumstances, different contexts and, with the guidance of a legal professional, you can succeed in becoming a U.S. citizen.
One person asks us:
"My husband is a resident, but my daughter is a citizen, which of the two processes can I do?"
It all depends on your daughter's age. If she has turned 21, she is able to petition her mother.
In this case, we must also look at all the options available for filing an Adjustment of Status because our topic today is about Petition for Alien Relative without leaving the country.
In case the person has entered the country without a visa, he/she must leave the country and then process the Consular Waiver, after which he/she will be able to regularize his/her entry and process an Adjustment of Status.
However, it is very important that you are able to tell an immigration attorney all the details of your case to determine your options. Because if you are married to a U.S. citizen, but suffer from domestic abuse, your case may fit the VAWA criteria.
On the other hand, if you were petitioned by a relative more than twenty years ago, you may be able to adjust your status by filing Form I-245, the Legal Immigrant Family Equity Act (LIFE), which allows certain persons who are present in the United States and who would not normally be eligible to apply for adjustment of status in the United States to obtain a Green Card (Permanent Residency).
Finally, if you have a son or daughter who is serving in the military, you can apply for adjustment of status through Parole In Place.
Support From People Close to You
In Aaron's case, he had the support of people close to him, he tells us how a lady who knew about his case, mentioned to him that she follows Lincoln-Goldfinch Law on Facebook, and encouraged him to schedule a free consultation to evaluate his options, it was the step that made Aaron become our client and help him get his legal status in the country.
We want to emphasize that sometimes people feel that their immigration status has no solution, however, we invite you to seek professional legal help to evaluate your case and determine what remedy would be beneficial for you.
Issues to Consider for a Family Petition
We received questions about what would be the scenarios where a family petition could go wrong and be denied, or even result in the deportation of individuals.
We want to emphasize that when we refer to a family petition, we are talking about filling out the I-130 form, and that in most cases you must show that it is a bona fide petition, where you meet all the requirements to be approved. We have won about 90-95% of the cases we handle.
A family petition case may be jeopardized in the case of a marriage to a U.S. citizen, where during or prior to the process, the couple separates permanently.
For all other cases, proving a direct family relationship with the person who will sponsor the arrival in the country can be done through a marriage certificate, birth certificate, or even shared bank statements. It all depends on the circumstances of the case.
For those who have uncertain immigration status, such as having entered the country illegally, we focus on first obtaining a Consular Pardon that will regularize their entry into the country, and then properly qualify for Adjustment of Status.
Testimonial From Our Client After Obtaining Permanent Residency
Our client tells us that during the whole process he experienced great changes, in addition to, his process occurred during Trump's mandate, where for many immigrants there was uncertainty about whether they could be deported at any time, and thus severely damage their lives, finances, studies, among other important aspects of their lives.
However, Aaron mentions that after the stress, he feels a great sense of satisfaction knowing that he now has a stable and professional job and is very close to finishing his studies and graduating.
He says that despite being a lengthy process and where patience is really necessary, she is happy to have done it together with the legal and professional advice of Lincoln-Goldfinch Law, who guided him to take the right steps and answer all his doubts.
From our immigration law firm in Austin, Texas, we want to express our thanks for sharing this story. We believe it can serve as a reference and inspiration for many other people who want to obtain legal status in the U.S., and have a better life by fulfilling their dreams.
The information mentioned in this video is general and does not relate to any specific case. The validity of the same may change without prior notice in accordance with the country's law reforms and updates in public policies.
If you have any additional questions or concerns regarding a Petition for Alien Relative or any other immigration-related issue, please do not hesitate to contact us for free legal advice at (855) 502-0555. You can also follow us on our social networks Facebook, TikTok and Instagram.