Qualifying For Immigration Amnesty

Immigration amnesty is the process where persons living in the US are granted legal immigration status subject to meeting some requirements. If you entered the US illegally or you came to the US legally but overstayed your visa, you may qualify for immigration amnesty. But what is important to note is that not all illegals qualify for this amnesty program. It is mostly granted to a particular group of people and to those who have not committed any other illegal activity other than being in the country illegally.

The Congress has occasionally passed legislation that paved way for specific groups of persons to immigration amnesty. Though we cannot come to a conclusion about the exact number of illegals, it can be roughly estimated to be around twelve million. Immigration amnesty has always had opposing viewpoints. Supporters of this are of the view that blanket amnesty should be granted to all illegals if they have not have committed any other crime. Their conception is that if all the persons who are in the US illegally were removed, the United States will be in for some serious economic setbacks.

Coming to the other side of the coin, those who oppose the amnesty program strongly believe that persons who are in the country illegally have already broken the law and therefore should not be granted legal status. They also feel that granting immigration amnesty to illegals will also embarrass immigrants who follow the rules when applying for legal immigration status.

Immigration amnesty process:

Since the laws surrounding immigration amnesty keep changing often, it is highly recommended you check if you qualify before actually applying. Generally, if you have overstayed your visa beyond the time you are allowed to or entered the US without the appropriate visa, you may qualify for immigration amnesty. If you qualify, even your child/ren and spouse will qualify to apply for a change of status in the US.

Since the entire process is very sophisticated, consult a qualified immigration attorney to help you through the process because of the frequent changes in the the legislation regarding amnesty. Though at the outset, the process might look simple and you might get a feeling that you are competent enough to go ahead with the process yourself, consulting an immigration attorney will turn out to be a wise decision.

You have to complete and file Form I-485, Application to Register Permanent Residence or Adjust Status with the USCIS. You have to mail the completed form to the designated USCIS office. Along with this application, you will get detailed filing instructions. You will have information about the fees, the supporting documents that you have to include and also the mailing address.

You may apply for a work permit while your case is pending. Applying for a work permit allows you to remain and work legally in the US while you are yet to get a decision on your I-485 application filed. After reviewing your application, the USCIS will inform you about their decision. As you wait for the decision regarding your application, you cannot leave the US without completing certain documentation and forms. If you do not follow or do not give importance to such rules, it might even lead to your application getting rejected.

Marriage, Birth, Divorce and Death Outside the US

Marriage Abroad

If you are planning to get married abroad, make sure you know the requirements of that particular country before you start your travel. Generally, it is the local civil or religious officials who perform the marriages and US consular officers do not have a say in that. The process and procedures differ from country to country it might be time consuming.

In some countries, per the law, the persons who intend to get married should have been a resident in that country for a stipulated period of time before they can get married in that place. Parental consent, blood tests are other requirements. In certain countries, documents certifying for the end of a previous relationship (death or divorce certificate) is mandatory. It has to be translated into the local language and authenticated. Some countries do ask for an affidavit by the parties as proof of legal capacity to enter into a marriage contract. (This can be executed at a US Embassy or Consulate.)

As mentioned earlier, the process can be time-consuming and expensive. So if you are planning to get married abroad, it is very important that you find out the requirements of that particular country before beginning travel. You can get in touch with the embassy or tourist information bureau of the country where you intend to get married. The list of foreign embassies and consulates in the US is available on the Department of State’s website. You can also get US embassy and consulate contact information on the Country Specific Information for each country. You can contact the nearest US Embassy or Consulate if you are already abroad.

After you get married in a foreign soil, US consular officers can authenticate your foreign marriage document. However, this authentication simply proves that your foreign marriage documents are real, but it does not mean that your marriage will be recognized by your home state in the US. In such cases, to get the marriage recognized in the US, consult the Attorney General of your state of residence in the US.

Birth Abroad of a U.S. Citizen

Per the Child Citizenship Act (CCA), most children born abroad to a US citizen parent(s) acquire US citizenship at birth. After the birth, the US citizen parent has to contact the nearest US Embassy or Consulate. If the Consulate believes that the child has acquired US citizenship, a consular officer prepares a Consular Report of Birth Abroad of a Citizen of the US. This document is recognized in the US as proof of US Citizenship, and can be used to get a passport, entering school, and most other purposes. If you do not document the child’s citizenship, it might be difficult later when trying to get a passport or register for school.

Divorce and Death Abroad

If you were divorced abroad, its validity will differ according to the requirements of your state of residence. It is best recommended to consult the authorities of your state of residence in the US to know these requirements. US consular officers abroad will provide assistance to the families of US citizens who die abroad.

Do Not Lose Your Permanent Resident Status

Legal Permanent Resident (LPR) status in the US is a privilege that can be revoked. It means that you can lose your LPR status even after you have already received a Green Card. It is possible for you to lose LPR status under certain extreme circumstances.

You will lose your LPR status when you abandon your permanent residence in the US, or when you become deportable for committing a serious crime or violating US immigration laws. It is very important that you maintain permanent residence in the US.

Many are of the belief that after getting a Green Card, they can travel freely back and forth or even relocate to their home countries. They also think that they can always reenter the US using their Green Cards as a travel document. Though an absence from the US does not automatically result in cancellation of the LPR status, an extended absence will however trigger the question of the alien’s intention to remain a permanent resident of the US.

Your intention to remain a permanent resident in the US is an important factor in the USCIS determining whether you have abandoned your permanent residence in the US. Apart from how long you have been absent from the US, the USCIS will look to many other facts that reflect your intent. The main factors that are considered in determining your intent are:

- the length of the your absence from the US and the purpose of your departure
- filing of US tax returns while in a resident status
- the location of your close family members
- the location and nature of your employment abroad
- the maintenance of other ties with the US

It is important to note that no single factor mentioned above is controlling with regard to your intent to maintain permanent resident status. The USCIS officers will analyze all other relevant factors to come to a decision.

Generally, if you leave the US for one year or less, you can use your green card as a reentry document. However, if you are absent from the US for more than one year, you might face difficulties reentering the US because the USCIS considers the absence of longer than one year as a possible abandonment of US residency. If you will be out of the US for more than one year, you will need to get reentry permits or special immigrant visas.

There are certain green card holders who think that in order to keep their LPR status, they can just return to the US once a year and stay for a few weeks. Just returning to the US and using the Green Card once a year has little bearing on the question of whether you have maintained the intention to remain a permanent resident.

Though some return to the US more frequently than once a year, they tend to lose their LPR status because they lack sufficient ties with the US that indicate that they consider the US to be their country of permanent residence. You can have multiple residences, but make sure you show that the US residence is the permanent one.

So if you wish to maintain your green card status, it is best advised to take the necessary steps to establish sufficient facts evidencing that you continue to maintain strong ties with the US and are retaining the US as your permanent home.

The USCIS (formerly the INS) provides applicants with disabilities the same access to its programs, activities and facilities as it does for applicants without any disability. The USCIS provides accommodations and it varies depending on the individual’s disability

http://www.uscitizenship.info/blog/what-assistance-does-uscis-provide-applicants-with-disabilities http://amplify.com/u/a1caj7