What Happens if My Family Member is Already in the U.S. Without Legal Status?
For many immigrants, the threat of deportation has increased in recent months. If your family member is in the U.S. without lawful status, this is of particular concern.
If your family member is already in the United States and lacks legal status, it is natural to feel concerned. The risk of deportation has always been cause for concern, but in recent months, it has increased drastically. Additionally, if your loved one leaves the country, they may be barred from reentry. Although it may be possible for your family member to obtain a green card, this can be a challenging process that largely depends on their relationship to the individual sponsoring them and how they entered the U.S. Our family immigration lawyer in New York can guide you through the process and increase your chances of success.
If Your Relative Entered the Country Legally
Suppose your loved one entered the country legally, meaning they were ‘inspected and admitted’ to the U.S., but they have overstayed their lawful status. In that case, it may be possible to adjust their status while they remain in the country. In most cases, this option is only available for those classified as an ‘immediate relative’ of a United States citizen. The processes involved for immediate and non-immediate relatives are as follows:
- Immediate relatives: A U.S. citizen may file Form I-130, Petition for Alien Relative, for a spouse or an unmarried child under 21 at any age. To petition for a parent, the U.S. citizen must be at least 21 years old. There is no numerical limit set on these types of visas, so relatives can file Form I-130 concurrently with Application to Adjust Status Form I-485.
- Non-immediate relatives: The process is much more challenging for other types of relatives, such as married children or siblings, or if your family member is a green card holder. The number of visas in this category is limited every year, and non-immediate relatives must wait until a visa is available before adjusting their status.
If Your Relative Entered the Country Illegally
Suppose your relative entered the United States illegally and did not receive parole. In that case, it is not possible to adjust their status while they are still within the country, even when a relative is an American citizen. Instead, they would need to follow a process known as ‘consular processing,’ which is more difficult and carries substantial risk.
To initiate this process, an eligible American citizen relative must file Form I-130 on behalf of their loved one. The immigrant must then leave the country to attend an interview at a U.S. consulate office abroad. Depending on the length of the relative’s overstay, they are then banned from reentering the United States for three to ten years. In some instances, this bar can be waived by filing a waiver application, provided the applicant demonstrates that a qualifying U.S. citizen or lawful permanent resident relative would suffer extreme hardship. Our Immigration Lawyer in New York can help.
If your loved one is already in the U.S. without legal status, you need legal help. At Nunez Law, in New York, our immigration lawyer can provide guidance, advise on the process that is right for you, and help you through it to ensure you obtain the best possible outcome. Call us today at 917-708-1072 or contact us online to request a consultation and to learn more about how we can help.