Navigating the complex U.S. immigration system can be a challenge, especially for those living in the country without legal status. However, there are several pathways that, depending on individual circumstances, may lead to the legalization of immigration status. Below, we explain some of the most relevant and updated options.
One of the most common ways for an undocumented immigrant to obtain legal residency is through a family member who is a U.S. citizen or lawful permanent resident. Eligible family relationships include:
It’s important to note that the process and eligibility may vary depending on whether the immigrant entered the country legally. In some cases, it may be necessary to leave the U.S. and apply for resident status from their home country, which could involve reentry bars. However, there are waivers and programs that may help avoid such penalties, though it’s important to confirm that you qualify.
At JLW Immigration Law Group, we have specialists in Adjustment of Status lawyers in Austin. We invite you to learn more about these services.
Section 245(i) allows certain undocumented immigrants to adjust their status to permanent resident without leaving the U.S., as long as they meet specific requirements, such as having been petitioned by an employer or family member before April 30, 2001, proving physical presence by a certain date, having no more than one unlawful entry, and paying a fine.
This program is designed for certain family members of U.S. military personnel, allowing them to remain in the country and adjust their status without needing to leave. Active duty military personnel whose immediate relatives (spouses, minor children, and parents) entered the U.S. without a visa may qualify.
Immigrants who have suffered persecution or fear persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum in the U.S. It is crucial to file the application within one year of arrival, although exceptions do exist in certain cases.
If you are seeking an asylum attorney in Austin, we invite you to visit our dedicated section to assist those going through the asylum process.
The U Visa is intended for immigrants who have been victims of certain crimes in the U.S. and have cooperated with law enforcement in the investigation or prosecution. This visa grants temporary legal status and can lead to permanent residency after three years. The T visa operates similarly, but is a solution for survivors of forced labor or sex trafficking.
U.S. immigration law allows certain immigrants who have continuously lived in the country since before January 1, 1972, to apply for permanent residency through a process known as “registry.” Although this option is limited due to the cutoff date, there are proposals to modernize the law and allow more long-term residents to benefit. Ask your U.S. citizen loved ones to contact their representatives and support a modernized registry program!
Undocumented immigrants who have lived in the U.S. for at least 10 years and can demonstrate that their removal would cause extreme and exceptionally unusual hardship to a spouse, parent, or child who is a U.S. citizen or lawful permanent resident may be eligible for cancellation of removal. This process requires appearing before an immigration judge and meeting specific criteria, including good moral character and no serious criminal history.
If this is your situation, JLW offers immigration attorneys in Austin who can assist you with your case.
Every immigration case is unique, and the available options can vary significantly depending on individual circumstances. It is essential to consult with an immigration attorney or an accredited organization to evaluate specific options and receive proper guidance.
Additionally, staying informed about changes in immigration policies is crucial, as laws and programs continue to evolve over time.
Our immigration law firm in Austin has specialists who, regardless of your situation, can provide the guidance needed to help you legally fight for your right to remain in the United States. Contact us now
