How to Become a Legal Permanent Resident
Of the many thousands of illegal aliens and visa overstays who are subject to removal and deportation, there is a very high percentage of those who are unaware of their legal rights to remain in the United States and apply for permanent residence. Many have pending I 130 petitions filed by family members before 2001 which can now be brought current for adjustment of status. Many others have been in the US for more than 10 years, and have LPR or USC family members (spouse, parents or children under 21) and have no serious criminal violations.
They can fight deportation and if have proof of exceptional and extremely unusual hardship to those family members, could win in court and become lawful permanent residents themselves. Or, since court proceedings are taking many months and sometimes several years to come a trial, an experienced attorney may find other ways to be taken out of immigration proceedings and proceed to apply for permanent waivers. See this site on I 601 A waivers and 245 i adjustments.
In a small number of these removal cases the alien may be 245 i eligible. We have several court hearings pending in which this is the case. Now with longer delays in trial court settings (18 months or more) this gives the attorney more time to apply legal strategies to allow that alien to remain in the United States and process a family petition.
Even when the illegal or undocumented worker is not 245 i eligible, if they are married or engaged to a resident or citizen, the attorney can file a petition with USCIS and then Family Visa obtain voluntary departure from the immigration court and process an I 601 waiver.
We have been very successful in gaining U.S. residence for illegal aliens or undocumented workers thought I 601 Waiver of Inadmissibility. In fact our approval rating is over 95% for Mexican nationals and the wait in Mexico is about 6 weeks.
Regardless of the number of years you have been in the US without documents, if you have family here who are lawful permanent residents or USC’s or you are about to have family here who are, we provide an initial consultation at no cost to speak with one of our attorneys regarding your situation.