LIVING IN THE USA WITHOUT PAPERS: HOW TO REGULARIZE YOUR SITUATION?

 LIVING IN THE USA WITHOUT PAPERS: HOW TO REGULARIZE YOUR SITUATION?

In 2007, the number of illegal immigrants in the United States peaked at 12.2 million, or 4% of the U.S. population. Some 10 years later, in 2016, this number had risen to 10.7 million, or 3.3% of the population. Since the Great Recession of the late 2000s, more immigrants have left the United States than entered. Illegal border crossings are at their lowest volume in decades. Since 2007, the number of people who overstay their visas has accounted for the largest number of illegal immigrants on U.S. soil. On the other hand, illegal border crossings fell from 2000 to 2018. Coming from Mexico (52%), Central America (15%), Asia (12%), South America (6%), the Caribbean (5%), and Europe and Canada (5%), more than half of illegal immigrants in the United States have been living on American soil for several decades, completely illegally. The question that must therefore be asked is: can one live in the USA without papers?

Living in the USA without papers: what does the law say?

Although illegal immigrants have little chance of obtaining permanent resident status or any other legal status in the United States, it's important to know that entering the United States without authorization is illegal. The same is true for remaining in the United States without authorization after your visa or other authorized stay has expired. Furthermore, violating the requirements for legal entry into the United States can render your stay illegal.

US immigration law restricts the ability of a foreigner to move from being an illegal immigrant, meaning living in the US without papers, to becoming a permanent resident in the United States (with the famous Green Card).

Marrying a U.S. citizen to be legal: is it possible?

A valid and bona fide marriage, i.e., a real and not a simulated marriage, to a U.S. citizen (the latter may be of the same or opposite sex) makes a foreign national an "immediate relative" under U.S. immigration law. Therefore, as an immediate relative, anyone can theoretically apply for a green card after the application process. Of course, illegal status during the process is likely to cause problems.

Anyone living in the United States illegally because their visa has expired rather than because they entered the country illegally is more likely to regularize their situation. There is, in fact, an exception under which a person can apply for a green card without leaving the United States, through a procedure called "adjustment of status."

On the other hand, if a person crosses the U.S. border illegally, secretly, without stopping at an inspection point, they have very little chance of having their status adjusted, even if they marry a U.S. citizen. There is one exception, however, if that same person is covered by very old laws; to verify this, it is advisable to consult a lawyer.

Marrying a U.S. lawful permanent resident (rather than a citizen) also technically qualifies any applicant for a U.S. green card. However, it's important to note that the visa process in this case takes time, and the chances of having your status adjusted are slim.

The last option for illegal immigrants who cannot regularize their status through marriage to an American is to attend a green card interview at a U.S. consulate abroad, in their home country.

It should be noted that, at this stage, the consulate may sanction the applicant for their illegal stay in the United States, with a ban on returning to American soil. The applicable sanction consists of either spending 3 years outside the United States (if the person has been there illegally for 6 months or more, or spending 10 years outside the United States if the person has lived there illegally for 1 year or more.

For anyone who has already spent more than 6 months living undocumented, therefore illegally, the best option is to consult an attorney specializing in immigration matters. It is indeed possible to consider a "waiver" (a form of legal pardon) that allows them to return to the United States immediately after their consulate interview, although this exemption is difficult to obtain. It will be necessary to prove that the refusal of an immigrant visa (green card) will cause extreme hardship to one or more family members who are also U.S. citizens.

Serve in the U.S. Army

As an active-duty member of the U.S. Armed Forces during one of the wars or conflicts listed below, the law allows for the applicant to apply for U.S. citizenship. Furthermore, the applicant is not required to go through the usual green card application process first.

The process begins with the registration of the person concerned during their stay in the United States and concerns people who have been involved in the following conflicts (non-exhaustive list):

First World War

World War II

Hostilities in Korea in the 1950s

Hostilities in Vietnam in the 1960s and 1970s

Persian Gulf War in the 1990s

"Operation Enduring Freedom" which began on September 11, 2001

Cancellation of the removal measure

Anyone arrested by U.S. immigration authorities can, in certain cases, avoid deportation and obtain a green card, particularly if:

It has already been physically present in the United States for at least 10 years.

She behaved in an exemplary manner during this period.

His deportation from the USA could cause significant hardship for his spouse, a parent or a child who is also a US citizen or legal permanent resident.

She is not excluded from the cancellation of the removal order for various reasons, for example if she has committed one of the different types of crimes or violations of immigration laws, if she has persecuted other people or if she has been a member of a totalitarian or communist party, etc.

The request to cancel the removal order cannot be made by the person concerned themselves. This request is only possible if the person is already in proceedings before an immigration court and is at risk of deportation. It will be necessary to be assisted by a lawyer.

Asylum application

Under certain conditions, it is possible to apply for the right to remain in the United States. This application must be made within one year of entry or the expiration of the authorized stay.

The applicant must provide evidence that he or she is being persecuted, or fears being persecuted in the future in his or her country of origin, because of his or her race, religion, nationality, political opinion or membership in a specific social group. 

The application for asylum in the USA is made through the USCIS form I-589 , accompanied by detailed documentation on the reasons for the request.

If asylum is granted, the applicant can apply for a green card within one year of its approval. They can apply for U.S. citizenship four years later. However, if the application is denied by the United States, the applicant risks deportation unless they can prove a substantial risk if returned to their country.

Temporary protection status

Anyone coming from a country experiencing civil war, environmental or natural disaster, or any other problem that makes returning home difficult or dangerous can apply for Temporary Protected Status (TPS) in the United States.

This status is different from the green card and does not lead to obtaining the green card. However, the TPS allows you to stay legally in the United States for a specific period, thus avoiding living in the USA without papers for a maximum period of 18 months. During this period, you obtain a work permit. The list of countries requiring it is presented on the website https://www.uscis.gov/ .