As an attorney practicing immigration law in the primarily Hispanic Chicago neighborhood of Little Village, or "La Villita," I encounter a great deal of undocumented people looking to adjust their immigration status to "Legal Permanent Resident," and thus obtain their "Green Card." Unfortunately, U.S. immigration law makes it very difficult for many people to obtain this goal.
The most common problem encountered by undocumented residents is the so called "bar" to admission, incurred after a person unlawfully enters the country and stays here for a certain period of time.
The basic rule states that when an individual enters the United States without inspection, that is to say crosses the border without the knowledge and/or permission of the government, and stays inside the country for 6 months to 1 year, he or she incurs a 3 year bar to lawful admission. If the person enters without inspection and stays for over one year, he or she will incur a 10 year bar to admission.
To be barred from lawful admission means that a person has to prove that he left the United States, and has remained abroad for the requisite 3 or 10 year period, before being eligible for admission into the country.
In the past, a type of amnesty was offered to people falling into this group. Those that had an I-130 filed on their behalf by April 31, 2001 were not barred from admission by the above provisions if they paid a $1000 fine. Unfortunately, not everyone took advantage of that opportunity when it manifested itself, and many others did not even enter the country until after the deadline.
The reality is that many immigrants currently residing in the United States have come here illegally and have stayed here over one year since. Many of these people have US Citizen or Legal Permanent Resident relatives, and would otherwise be eligible to adjust their status. Fortunately, those people who would otherwise be barred by the law from admission have a chance to petition for a "hardship waiver."
The hardship waiver of the provisions is granted if the Petitioner (U.S. Citizen or Legal Permanent Resident) can establish that they will suffer a great hardship if the Beneficiary (the undocumented person) can not adjust his status and is forced to leave the country. The type of hardship contemplated here is primarily of extreme economic or medical nature.
Unfortunately, the emotional hardship of breaking up a family unit is not typically considered. Neither is hardship sustained by the Beneficiary, as only the Petitioner's hardship is considered. On the other hand, a strong case for a hardship can be made if the Petitioner is disabled and the Beneficiary cares for the Petitioner, or provides medical or economic support to him or her.
Unfortunately, the hardship waiver is not an easy remedy to obtain, and if it is denied, the Beneficiary can expect to be placed in deportation proceedings. However, given the state of immigration law today, given the right type of case, this may be the best course of action, and the only option to adjust status.
The most common problem encountered by undocumented residents is the so called "bar" to admission, incurred after a person unlawfully enters the country and stays here for a certain period of time.
The basic rule states that when an individual enters the United States without inspection, that is to say crosses the border without the knowledge and/or permission of the government, and stays inside the country for 6 months to 1 year, he or she incurs a 3 year bar to lawful admission. If the person enters without inspection and stays for over one year, he or she will incur a 10 year bar to admission.
To be barred from lawful admission means that a person has to prove that he left the United States, and has remained abroad for the requisite 3 or 10 year period, before being eligible for admission into the country.
In the past, a type of amnesty was offered to people falling into this group. Those that had an I-130 filed on their behalf by April 31, 2001 were not barred from admission by the above provisions if they paid a $1000 fine. Unfortunately, not everyone took advantage of that opportunity when it manifested itself, and many others did not even enter the country until after the deadline.
The reality is that many immigrants currently residing in the United States have come here illegally and have stayed here over one year since. Many of these people have US Citizen or Legal Permanent Resident relatives, and would otherwise be eligible to adjust their status. Fortunately, those people who would otherwise be barred by the law from admission have a chance to petition for a "hardship waiver."
The hardship waiver of the provisions is granted if the Petitioner (U.S. Citizen or Legal Permanent Resident) can establish that they will suffer a great hardship if the Beneficiary (the undocumented person) can not adjust his status and is forced to leave the country. The type of hardship contemplated here is primarily of extreme economic or medical nature.
Unfortunately, the emotional hardship of breaking up a family unit is not typically considered. Neither is hardship sustained by the Beneficiary, as only the Petitioner's hardship is considered. On the other hand, a strong case for a hardship can be made if the Petitioner is disabled and the Beneficiary cares for the Petitioner, or provides medical or economic support to him or her.
Unfortunately, the hardship waiver is not an easy remedy to obtain, and if it is denied, the Beneficiary can expect to be placed in deportation proceedings. However, given the state of immigration law today, given the right type of case, this may be the best course of action, and the only option to adjust status.
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