How to stay in the U.S. and get a Green Card even though you entered the U.S. Illegally!

There are ways to stabilize your status and get a Green Card even though you entered the U.S. Illegally (EWI – Entered Without Inspection). If you entered around the year 2000/2001 or earlier and some immigration papers were filed, you may be able to apply for a Green Card depending on your situation.

You may also be able to apply if you or your family has experienced threats or violence in your Home Country. Some Countries have special rules that may make it possible for you to apply for a Green Card.

Unfortunately, there are also many people where there is no way under the current laws that they will ever be able to get a Green Card even if they marry a U.S. Citizen or have U.S. Citizen Children.

Please beware of unlicensed non-attorney document preparer’s because there have been too many clients who have come to my office in tears after paying a lot of money to get a Green Card from them but their promises turned out to be lies. Either the wrong papers were filed or it was never possible to get a Green Card to begin with.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

You have a Green Card but you have been arrested what happens next?

Many people are under the mistaken impression that just because a crime is labeled a Misdemeanor or a Traffic Violation that the event will not have an effect on their Green Card. This is just not the case because a Green Card holder can lose their green card if they have done certain acts. Immigration rights are controlled by U.S. Federal Law which decides which crimes are serious or not regardless of the fact that a State may call their law a minor offense (misdemeanor). The Green Card Holder does not even have to be convicted of the crime just being arrested or admitting to the illegal act may affect their right to keep their Green Card.

Crimes to be particularly careful about are any crimes with drugs involved, violence involved, stealing (theft) involved, deceit (fraud), domestic violence involved or traffic accidents resulting in physical injury or extensive damage to property. There are many other types of crimes but these are some of the more common ones that end up having Green Card Holders put in Deportation (Removed from the U.S.) Proceedings.

In some cases, the person may not know that their Green Card  can be taken away. They usually only find this out when they are returning from a trip outside the U.S. (Where CBP will run a criminal background check on them) or when they apply for Citizenship (instead of getting U.S. Citizenship they get a Deportation Court Notice).

There are many situations that can be fixed but a Green Card Holder must act immediately. Any Person having a green card who has been arrested, detained, convicted or even  involved a traffic accident should get a copy of all the court documents, police reports/accidents and any other related documents. They should see an Immigration Attorney as soon as possible to find out if this will affect their Green Card, if it can be fixed and how best to fix it.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Green Card Marriage and Financial Obligations

A Green Card through marriage requires an affidavit of support. What does that mean? It mean generally that the U.S. Citizen Husband or Wife has to support their foreign spouse to at least 125% above the Federal Poverty Guide Line for 10 years. The U.S. Citizen or Green Card Sponsor will be financially responsible if the person they sponsored uses any means tested benefit paid for by the Federal Government.

Slowly this support obligation is being considered by divorce courts deciding if any or how much alimony (spousal support) should be paid as part of the divorce settlement. The foreign spouse has certain rights as well as their U.S Citizen Husband or Wife. The law in this area varies depending on which of the states in the U.S. a married couple is living. There are very few court decisions in this area but the situation is rapidly changing.

Both the husband and the wife need to think carefully and understand what their rights and obligations are. Getting a divorce a few years later may not release the U.S. Citizen or Green Card Sponsor from their obligations to their former spouse that they helped get a green card.

It is important for you to know that not only the green card holder is required by immigration law to notify the government (USCIS) within 10 days of changing their address but the U.S. Citizen who sponsors a person for a green card must also give the government notice of any change in their address as well during the 10 year obligation period.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.