For many undocumented migrants, The dream of obtaining permanent legal residency, also known as a green card, seems unattainable. However, according to the United States Citizenship and Immigration Services (Uscis for its acronym in English), there are certain requirements that could open the door to this possibility.
To access this benefit, interested irregular foreigners must meet some requirements:
- Continuous residence of at least 5 years: having lived in the US continuously during this period of time.
- Absence of serious criminal record: They should not have any penalties in the North American country.
- Without deportation order: They must be exempt from current deportation orders against them.
- Demonstrate extreme and extraordinary suffering: Applicants are required to show evidence that their deportation would cause extreme and extraordinary suffering to immediate family members in the US. This refers to any situation that would have significant and lasting impact on the life of a family member, such as the loss of custody of a child, interruption of education or medical care, or loss of vital income.
The definition of “extreme and extraordinary suffering” is crucial, since it does not refer only to common difficulties, but to exceptional circumstances that justify the approval of the green card.
Green card eligibility for undocumented immigrants in the US
Some examples of situations in which undocumented immigrants could be eligible for what is also known as a green card are the following:
Worker with good work history– Employee who has lived in the United States for 10 years, has a good work history, and is the parent of a US citizen.
Wife or husband of permanent resident: An undocumented person who has lived in the US for seven years, is married to a permanent resident, and has a US child under 21 years of age.
Severely disabled child of a U.S. citizen: irregular person who has lived in the US for five years, is the daughter of a US citizen and has a serious disability.
It is important to note that, even though the petitioner meets these characteristics, obtaining a green card is not guaranteed. According to Uscis, agents will evaluate each case individually.
Advice for undocumented immigrants in the US who need an immigration lawyer
There are some procedures in which you may need a lawyer. Although Uscis recommends that the applicants themselves be the ones who carry out the procedure, also recognizes that some are more complex and therefore people turn to experts. If this is your case, the same government entity issued some tips to find the ideal lawyer for a procedure such as green cardor whatever.
If you decide to hire an immigration lawyer, consider that this is a crucial decision, which is why the USCIS provides important guidelines for choosing the right legal representation. First of all, it is essential ensure that your legal representative is duly authorized. Must be a lawyer who is a member in good standing of the court bar of a state, territory, or the District of Columbia.
Besides, The attorney must not be subject to restrictions or disqualifications from practicing law and must be eligible to practice in the US. Alternatively, you can choose a representative who is accredited by the Department of Justice’s Office of Legal Access Programs and who works for an organization recognized by this same entity, included in the List of Recognized Organizations and Accredited Representatives.
Make sure the attorney is admitted to practice law and is a member in good standing of the highest legal body in your state or region. Also check to see if you are under any court order restricting your legal practice and ask to see your current license, verifying your eligibility through the appropriate state regulatory entity.
The USCIS specifically warns about notaries public, consultants and immigration companies, who They cannot offer legal advice on immigration matters unless they are duly authorized. In many countries, the word “notary” denotes a lawyer, but in the US this is not applicable, so caution is urged before giving money to anyone not accredited or accredited by the Executive Review Office of Immigration or who does not work in an organization recognized by it.
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