The illegal presencewhich consists of remaining in the United States without being admitted or authorized to remain, can have serious consequences in terms of immigration status. This can happen in several ways, such as entering the country without authorization, for example through an illegal border crossing or by plane without a visa, overstaying a visa or residence permit, or staying in the country after a visitor or student visa expires.
Illegal presence can have serious consequences, such as inadmissibility to the country for a certain period of time, even after leaving the United States, the possibility of being removed from the country, and the difficulty in obtaining immigration benefits, such as a work visa or permanent residence. There are three categories of inadmissibility for unlawful presence:
- 3 years: If a person accumulates more than 180 days but less than one year of unlawful presence during a single stay and leaves the United States voluntarily before removal proceedings begin.
- 10 years: if a person accumulates one year or more of unlawful presence during a single stay, regardless of whether they leave before, during or after removal proceedings.
- Permanent– If a person reenters or attempts to reenter the United States without being admitted or authorized to remain after having accumulated more than one year of total unlawful presence during one or more stays.
Options to correct the immigration situation in case of illegal presence in the US.
It is important for individuals who have accrued unlawful presence to consult with an immigration attorney to determine if they are inadmissible. The options available to people illegally staying in the United States to correct their immigration status depend on several factors, such as the time they have been in the country, their immigration history, their family situation, and their economic situation. In general, Available options include obtaining a work visa, applying for permanent residence or obtaining a waiver.
Get a work visa
A work visa is a document that allows a person to work legally in the United States. People with illegal stay can apply for a work visa if they qualify for a job offer in the United States.
To qualify for a work visa, a person must have a valid offer of employment from a U.S. employer. The employer must demonstrate that he cannot find an American worker to fill the position.
Work visas are divided into several categories, depending on the type of employment to be performed. The most common categories of work visas for illegal stayers include:
- H-1B Visa– This visa is granted to highly skilled workers, such as professionals with university degrees or relevant work experience.
- L-1 Visa: granted to workers transferred from a foreign company to a branch of the same company in the United States.
- O-1 Visa– This visa is granted to individuals with extraordinary achievements in the fields of arts, sciences, education, business, or athletics.
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Apply for permanent residence
Permanent residency is an immigration status that allows a person to legally live and work in the United States permanently. People illegally staying can apply for permanent residence if they qualify for an immigration category, such as family or employment.
- Family: People illegally staying can apply for permanent residency if they are immediate family members of a U.S. citizen or lawful permanent resident. Immediate family members include spouses, unmarried children under age 21, and parents of U.S. citizens.
- Employment: Illegally overstayed people can apply for permanent residency if they qualify for an employment category, such as EB-1, EB-2, or EB-3. These categories are based on the person's level of education, work experience, or special skills.
get a pardon
People illegally staying can apply for a waiver if they qualify for a waiver of inadmissibility. A waiver of inadmissibility is a permit granted to a person who is inadmissible to the United States for some reason, such as unlawful presence.
Waivers of inadmissibility are available for a variety of reasons, such as persecution, marriage to a U.S. citizen, or unlawful presence of less than 180 days.
Other immigration regularization options
In addition to the options mentioned above, there are other options available to people with illegal stay to correct their immigration status. These options include:
- Immigration regularization: Immigration regularization is a process that allows people with illegal presence to obtain legal immigration status. Immigration regularization has been a topic of debate in the United States Congress for several years.
- Amnesty: Amnesty is an act of clemency that allows people with illegal presence to obtain legal immigration status. The amnesty has been approved by the United States Congress on several occasions, but has not been approved since 1986.
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