What makes an immigrant legal or illegal




















A waiver would allow you to reenter the United States right away after your consular processing interview, but this waiver is hard to get. You would need to prove that your being denied the immigrant visa green card would cause extreme hardship to one or more of your U. Getting married to a lawful permanent U. That means you'd have to go through " consular processing " as described above, with all the risks that entails.

If you serve honorably and on active duty with the U. Armed Forces during one of the wars or conflicts named below, the law allows you to apply for U. You don't have to go through the usual step of applying for a green card first. You must, however, enlist sign up while on U. If you are arrested by U. Don't attempt to apply for cancellation of removal on your own. It is available only if you are already in immigration court removal proceedings and facing deportation.

You'll definitely need a lawyer's help in this situation. You can apply for the right to stay in the U. You'll need to show that you have been persecuted, or fear future persecution, in your home country, based on your race, religion, nationality, political opinion, or membership in a particular social group.

The process involves submitting USCIS Form I , together with detailed documentation of your membership in the group that you claim and the persecution that you faced or fear. If you are granted asylum, you can apply for a green card one year after your approval, and for U.

If denied, you could be deported, unless you can show that you would likely face torture upon return. If you come from a country that has recently had a civil war, environmental or natural disaster, or other trouble that makes it unsafe for its citizens to return there, the United States might offer what's known as Temporary Protected Status or "TPS.

This is not a green card, nor does it lead to a green card. However, TPS would allow you to stay in the United States legally for a set amount of time maximum 18 months , and to receive a work permit while you're here. For instance, living in the U. New York City residents, for instance, can be issued an identification card regardless of their immigration status. What kind of authorization do they lack? Who decided they are unauthorized?

Who has the right to decide this and why? Perhaps there should be no unauthorized immigrants at all! After months of negotiations and some controversy , a Global Compact for Safe, Orderly and Regular Migration was agreed by countries in early December. Someone may have been living in a country according to its rules until their visa expired, was cancelled, or they could no longer meet its conditions. But in reality, before being recognised as a refugee, most people have had to cross an international border.

They may well have been unable to obtain visas to do this and so may have moved irregularly. Some people have to leave their homes for other reasons, such as the loss of land from rising seas or economic collapse, which means they could not stay put but might not qualify for recognition as refugees under the Refugee Convention.

Some visas make one person dependent upon another, for example spousal visas , or those tying one employee to one employer.



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