Undocumented Individuals

Chicago Immigration Lawyers for Undocumented Immigrants

Under the current immigration laws and regulations, any foreign-born nationals who live within the U.S. without a valid visa or legal right to remain in the country is considered as undocumented or illegal immigrants.  Being an undocumented immigrant can be hard because you cannot work legally or be able to enjoy the same legal rights and privileges as American citizens or legal permanent residents.  However, there are immigration options for undocumented immigrants depending on your circumstances and immigration history.

Legal Status for Undocumented Immigrants

Deferred Action for Childhood Arrival (DACA)

One of the immigration options for undocumented individuals is Deferred Action for Childhood Arrivals, also known as DACA.  DACA is an immigration policy that grants certain undocumented immigrants who entered the US before turning 16 years old and have been in the US since January 1, 2010, a legal right to stay in the United States without facing deportation.  DACA has been a very popular option for undocumented individuals who came here when they were just children.  Once approved, DACA recipients will be allowed to work legally and continue their residencies in the U.S. without the fear of being deported. It is important to note that DACA does not provide a pathway to U.S. citizenship, but only allows you to live and work in the U.S. for as long as it is legally effective.

Deportation Defense/Removal Proceeding

When a foreign national is caught in the United States illegally or without immigration status, that person can be deported through a removal proceeding. If you have received a Notice to Appear and have a deportation case in immigration court, you should retain a Deportation Defense Lawyer that can defend you and help you stay in the United States. If you are facing deportation, contact our experienced and knowledgeable Chicago Deportation Lawyer today so we can come up with a strategy to fight for your case.

Motions to Reopen

If you are placed in deportation proceedings or you didn’t show up in immigration court for your hearing. Now, the immigration judge ordered your deportation. Are there legal options available to you? One of the options to your immigration problem may be to file a motion to reopen the removal proceedings so you can get another chance in court.

I-160A Provisional Waiver for Unlawful Presence

Did you enter the U.S. illegally and are currently residing in the U.S.?  If so, do you have a close family member or employer to sponsor you a green card but afraid that you won’t be able to adjust your status due to the unlawful entry?  If you answer is yes to these questions, you may be eligible for a waiver for unlawful presence.

I-601A Provisional waiver is another immigration options for undocumented immigrants as it is an immigration waiver for undocumented individuals who entered the U.S. illegal.  To be eligible for an I-601(A) waiver, you must have a pending or approved immigrant visa such as a I-130, I-140 or a fiance(e) visa.   Once your I-601(A) waiver is filed, you may remain in the U.S. while the petition is pending so that you are not separated from your family during the long adjudicating period.

I-601 Inadmissibility Waiver 

I-601 Inadmissibility Waiver is for undocumented individuals who want to return to the U.S. but are barred from doing so because of their past immigration, criminal or personal history in the United States.  The criteria for a I-601 Wavier is to proof that your absence or departure in the United States will cause extreme hardship on your U.S. citizen parent, spouse or fiancé(e).

I-601 waiver or sometimes known as I-601 extreme hardship waiver, must be filed from overseas, typically after an approved I-130 (petition for immediate relative), or I-129F (Fiancé Visa) or at an oversea Consulate during an interview.

U Visa for Victims of Crime

If you are an undocumented individual and have been a victim of a crime in the U.S., you may be eligible for an U Visa.  In essence, an U visa is a special non-immigrant visa that grants temporary immigration status to eligible victims of certain crimes, if the victim cooperates with law enforcement in the investigation or prosecution of the criminal activity.

VAWA for Abused or Domestic Violence Victims

If you overstay your visa or do not have a legal status in the U.S., VAWA maybe another option for you. VAWA stands for Violence against Women Act. It is an immigration relief for both male and female victims of domestic violence or abuse. Once it’s approved, you will be eligible to adjust your status to permanent residency. If you are married to a U.S. citizen or are a child or parent of a U.S. citizen or permanent resident, and have suffered physical or emotional abuse in the relationship, you may be eligible for VAWA. Similar to U visa and I-601, I-601A waivers, an approved VAWA can lead to a path to U.S. citizenship.

Asylum

Asylum is a form of immigration protection for individuals who have fled persecutions or fear persecutions in their home country. A grant of Asylum allows you to work and live in the US legal and a pathway to a green card.

Withholding of Removal

If you are in the process of deportation and upon returning to your home county, you will be “more likely than not” be persecuted, then you may be eligible for Withholding of Removal or Convention Against Torture (CAT). Once approved, you will be able to live and work in the U.S.

Military Parole in Place

Are you a spouse, parent or child of an active or retired U.S. military member? If you entered illegally and have a family member that is or was a U.S. military member, you may be eligible for an immigration protection called Military Parole in Place. A military parole in place is an immigration protection that allows undocumented family members of an active or retired U.S. Military member to live and work in the U.S. legally. Contact Cipolla Law Group if you want to know if you are eligible for this type of immigration benefit or click on the link below to learn more about it.

Chicago Immigration Attorneys for Undocumented Immigrants and Dreamers