Know Your Rights

Legal Immigration

Important!

It is critical that you always contact an immigration attorney before you submit any documents to the INS or make any appearance before the INS. It is also important that you make sure that the attorney is a person knowledgeable and qualified in immigration law. Persons who are not attorneys or who do not understand immigration law may put you in danger of deportation. To find an attorney with experience in immigration law, contact the American Immigration Lawyer’s Association at 1-800-954-0254.

What are the different ways through which one can immigrate to the United States?

There are three categories through which one can immigrate to the United States. One is through a close relative who is a citizen or legal resident of the US; another is through a profession or job in which there are not sufficient American workers; and the third is through humanitarian considerations, such as a fear of persecution in one’s country or many years of residence in the US.

How can I immigrate by way of my family?

You can immigrate through your family if you have a spouse, parent, brother, sister, or child who is at least 21 years old who is a citizen of the United States. Also, you can immigrate if your spouse or parent is a legal permanent resident of the US. In these cases, your relative would have to petition for you. It is impossible to immigrate through a cousin, aunt or uncle, grandparent, or other relative.

If my spouse has abused my children or me, is there a way to immigrate without him having to petition for me?

Yes. If the spouse or child of a citizen or legal permanent resident of the US has been abused or subjected to extreme cruelty, he or she can petition for him or herself. To be able to do so, you must be a person of good moral character, you must have resided in the US with the citizen or legal permanent resident of the US, and reside in the US at the time of submitting the application.

What do I need to be able to apply for asylum in the United States?

If you have been threatened or have suffered persecution or fear persecution in your country because of race, religion, nationality, political opinion, or for being a member of a social group, you may be able to apply for asylum in the US. In most cases you must apply for asylum within one year of entering the US. If you are from EI Salvador, Guatemala, Haiti, Nicaragua or Cuba and have been in the US for a number of years, you may qualify for a special immigration program. You should not apply for asylum without first consulting an attorney. The law related to asylum is very complicated. Contact an attorney experienced in immigration law. In the United States, a notary is not educated in the law. You should not rely on advice from a notary.

If the INS arrests me for being undocumented, is there anything I can do to be able to stay in the US?

If the INS arrests you for being undocumented, you can apply for cancellation of deportation if you meet the following requirements. To qualify for cancellation, you must have had continual physical presence in the United States for 10 years. To have continual physical presence, you must not have been outside of the US for more than 90 days in a row nor for more than 180 days in total. You must have had good moral character for the 10 years preceding the filing of your application.

Also, your deportation must cause exceptional and extreme hardship for your US citizen or legal permanent resident spouse, parent, or child. The law recognizes the fact that all people who are deported will suffer hardship. Even so, to qualify for cancellation of deportation, the hardship that your family would suffer must be even more extreme than normal. The following factors are considered when determining if you qualify for cancellation of deportation:

  • Your age
  • Your family here and in your country
  • The period of time you have had residence in the US
  • Your health
  • The conditions in your country
  • Your education and economic situation
  • Whether there are other ways available for you to become a legal resident of the US
  • Whether you provide benefits to the community
  • Your history of violations of immigration rules
  • Your position in the community

Are there any acts or conditions that would prohibit me from becoming a legal permanent resident of the US?

Yes. Although you may qualify to immigrate based on the previously stated categories, there are certain conditions that will disqualify you from immigrating. The following are some of the grounds of inadmissibility:

  • You cannot have committed certain crimes involving moral turpitude.
  • You cannot have committed drug-related crimes. People who have been convicted of a drug-related crime or who admit that they have committed a drug- related crime are inadmissible.
  • If you do not attend deportation proceedings, you cannot immigrate.
  • You cannot have claimed to be a US citizen.
  • You cannot have given false information in order to obtain an immigration benefit.
  • You cannot have helped any other person to enter the country illegally, unless the person is your spouse or child. Some very important grounds of ineligibility for legal residence have to do with unlawful presence in the US. There are waivers available to some individuals to overcome the unlawful presence ground of ineligibility.

Legal Immigration was compiled by
Legal Services Organization of Indiana, Inc. (LSOI)
www.indianajustice.org
1-800-892-2776 New Albany, IN
1-800-852-3477 Evansville, IN
Hispanic Project Legal Services Organization of Indiana, Inc. (LSOI)

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