QUESTION
If a person is living illegally in the US, Can they apply for residency ?
Asked on Aug 01st, 2011 on Immigration - California
More details to this question:
If a person is living illegally in the US, Can they apply for residency ?
7 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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GK Law Firm
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There are a lot of variables involved with this question. Namely, did the person enter the U.S. legally? Does the person have a U.S. Citizen spouse? Has the person ever been a victim of a crime in the U.S. and reported it to law enforcement? The possibility of gaining legal residency is there but only if the person qualifies.
Answered on Jul 03rd, 2013 at 10:05 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on three factors (1) the exact immigration violation, such as nature of the entry, overstay of visa, violation of nonimmigrant visa, unauthorized employment, (2) eligibility for statutory relief, such as being grandfathered for section 245(i), being a minor, etc., and (3) basis for permanent residence, such as being married to a US citizen, political asylum, etc. Consult with an immigration attorney.
Answered on Aug 19th, 2011 at 8:24 AM
Bankruptcy Attorney serving Los Angeles, CA
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The Law Offices of Amy Ghosh
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They need to get married to US Citizen or get sponsored by US Citizen parents.
Answered on Aug 19th, 2011 at 6:48 AM
It is possible, but would need to explore if need to go through consular processing.
Answered on Aug 18th, 2011 at 2:19 PM
The person can only apply for residency from within the U.S. if she marries a U.S. citizen AND entered the country lawfully. Otherwise she must leave the U.S. and apply through a Consulate. I strongly recommend consulting an immigration attorney for potential bars because of the overstay and relief if she cannot seek residency in the U.S.
Answered on Aug 18th, 2011 at 1:49 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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There are many different types of residency programs and most require a sponsor. If the Beneficiary is currently out of status but came to the U.S. legally initially, then if he or she is an immediate relative current out of status does not matter but initial legal entry does. There have also been various amnesty programs over the years and I would need to analyze the facts of the specific case to see if the person will fit under any of them. Best to schedule a consultation so I can ask questions which relate to your specific case instead of trying to include a treatise on immigration law and the various programs, rules, etc.
Answered on Aug 18th, 2011 at 1:38 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Unfortunately, there is no easy way to correct your status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in your family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.
Answered on Aug 18th, 2011 at 1:38 PM