We often hear from undocumented clients the question of how can you ‘fix my papers?’ Unfortunately we cannot literally ‘fix your papers,’ but we can actually help you understand the immigration issues surrounding your case and ultimately find a possible solution to either get you permanent residence or a non immigrant visa.
Although there might be a lot of ways to assist in ‘fixing your papers’, in this article we will focus on four categories:
Each of the petitions above might actually result in fixing your papers. However, you need to meet the requirements.
You can read more on each of the categories on the links above, however we thought it will be more interesting to point some of the most common situations.
If you are an immediate relative such as a spouse or a parent and you are visiting the United States, you might be able to adjust status although you are now out of status. However, some specific visas will not allow you to adjust status. Furthermore, you will not be able to adjust status if you entered without inspection unless subject to an exception such as a VAWA petition, where you were a victim of abuse while married to a US Citizen or Permanent resident. For more information we recommend you give us a call on 510-742-5887.
The U visa will allow you to obtain a work permit (EAD) and after 3 years obtain a permanent residence. The U visa is offered to those who are victims of certain crimes. The U visa also has a waiver which allows those who entered unlawfully to stay and adjust status inside the United States.
Although you entered without inspection, you might be able to file for an asylum within one year of entry unless you benefit from change of circumstances or change of country conditions. For example, if a war is declared in your country, and people of your protected class just started being persecuted, you may have a case. Note that a frivolous asylum can cost you. We recommend you talk to a licensed attorney instead of an immigration consultant.
The above is provided for educational purposes only. You should not act or refrain to act solely on the the information provided. No attorney-client relationship is created by this article or this website.