By: Attorney Devin Connolly
The 2018 midterm elections are now over, and we have a split Congress. Democrats are in the majority in the House of Representatives while Republicans still control the Senate. What does that mean for immigration laws and policies? Are we any closer to seeing comprehensive immigration reform?
There is a broad consensus that the country’s immigration system needs to be revamped. It is commonplace to hear complaints that the laws are outdated, confusing, and full of loopholes. Does a viable solution exist to this problem? And if so, will Republicans and Democrats be able to work together to find it? After all, President Trump is interested in border security, Democrats want a permanent solution for the Dreamers, etc.
The reality is that we may not see any major immigration reform passed for at least the next two years. While a majority of Americans do not want to see more family separations, that may be just about the only thing on which we can agree. So, what should you do now if you are still hoping to be granted permanent resident status? Instead of continuing to wait, it is advisable to explore options that may be available to you right now. Here are just a few of the many ways to immediately obtain a green card.
One option available to undocumented immigrants is Cancellation of Removal for Non-Permanent Residents (“Cancellation”). Cancellation allows qualified individuals to obtain a green card if they have lived in the U.S. for at least 10 years, have good moral character, and can show that their U.S. citizen or Lawful Permanent Resident parent, spouse or child would suffer exceptional and extremely unusual hardship if the applicant were forced to leave the United States. Applicants are eligible to obtain employment authorization as soon as their application is filed. With work authorization, one may apply for a social security number, work legally and even obtain a state-issued driver’s license.
Another option for those patiently waiting for comprehensive immigration reform to pass is filing a family-based immigrant petition. In conjunction with an approved immigrant visa petition is the possibility of obtaining a provisional waiver if the foreign citizen is not eligible for adjustment of status.
A provisional waiver helps intending immigrants who are unable to adjust their status but will invoke the 3-year or 10-year unlawful presence bar upon leaving the United States. Most waivers require that the immigrant submit the application for any waiver from outside the United States. Provisional waivers allow the applicant to submit the request from inside the U.S. and wait for the decision here. Once approved, the applicant departs for their immigrant visa interview at a U.S. embassy abroad. This pre-approved waiver avoids lengthy separation of family members.
It is also important to remember that the provisional waiver does not only apply to family-based petitions. It has been expanded to also apply to petitioners from employers. Therefore, if you have an approved I-140 with a current priority dates, a provisional waiver might be an option.
There are also lesser-known options that may also be a viable way of obtaining a green card. One such option applies to people who have been physically or emotionally abused. The “Violence Against Women Act,” (“VAWA”) applies to both men and women and it allows certain spouses, children, and parents of U.S. citizens and permanent residents to file a petition for themselves without any assistance from their relative. This self-petition allows victims to immediately seek both safety and independence from their abuser. And their abuser will not be notified about the self-petition.
Finally, for permanent residents, now is the time to consider applying for naturalized U.S. citizenship. Having a green card is a wonderful thing, but it does not carry with it the rights of U.S. citizenship. In addition to things like not being able to vote, permanent residents can lose their lawful status and be deported. While it is true that permanent residents are most commonly deported for criminal offenses, that is not always the case. It is also possible to lose your green card for innocent mistakes, such as spending too much time outside of the U.S.
Remember that more than one million individuals obtain permanent resident status each year. The ways in which they do so varies, but they all have a willingness and desire to improve their immigration status in the U.S. Consult with a knowledgeable and experienced immigration attorney today to find out what options are available to you.
