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First of all, you must be “admissible,” that means you must not have been convicted of certain crimes, must not have committed certain immigration violations and must fulfill all other requirements to be granted legal status. In some cases you must have a petitioner who also sponsors you, that means who can afford to support you and your family financially. In many cases you will not be able to obtain legal status unless you first leave the U.S. and process your case in your home country, but this can mean that you will not be allowed to return for many years. Because of that, it is very important in all cases to first consult an attorney before you file any papers. Many people have found that they made their situation worse because they did not have legal representation.

What might work to make you a legal resident:

1. Marry an American citizen

If you have overstayed a visa or otherwise entered the U.S. legally, and you marry an US citizen, you can legalize your status without leaving the country.

If you have come to the United States illegally, that is without being inspected at the border and admitted, things are much more difficult.

If you are under 18 1/2 years old you may be able to quickly adjust your status. But you have to contact an attorney before you are 18 1/2 years old, to be able to do so. Do not wait!

If you are over that age and have spent at least 180 days in the United States without legal status, you will not be able to quickly process your status unless you can show an extreme hardship to your spouse. If you cannot do so, you might have to remain outside of the U.S. for three or even ten years before you can gain legal status. It is not as easy as it sounds to prove extreme hardship. You will have to file a waiver application and process your case in your home country. You should let an attorney handle this difficult process.

In all cases, your marriage must be genuine, you will have to show that you really share a life together and did not just marry to get legal papers for you.

2. Your parents who are American citizens will petition for you while you are unmarried and under 21 years old. In this case the same restrictions exist as are listed above under (1): It works quickly when you are under 18 1/2 years old, but will be more difficult once you are over that age.

3. If your child is an American citizen and is over 21 years old. Again, if you have been in the U.S. illegally for more than 179 days, since hardship to children is not recognized, it might become difficult to obtain this benefit.

4. Legalization under section 245(i): If anyone has filed a petition for legal status for you before April 30, 2001 and the petition was approved, you may be able to legalize your status without having to leave the country and without the need for a hardship waiver. You still need to a basis for your legalization, such as marriage to an American citizen, being the parent of an adult citizen etc. You will have to pay a penalty fee to the government.

5. Registry: If you have been in the United States since January 1, 1972 you can make your status legal.

6. If you are the victim of “human trafficking” or have suffered substantial physical or mental abuse because you are the victim of a wide range of other crimes in the U.S. and you can substantially assist the investigation of that crime, you might be able to receive legal status. If you ever have become a victim of a crime and have worked with police or the prosecutors to solve it, for example by being a witness, and suffered pain or abuse, you should consult an attorney.

Also, if you have been a victim of domestic abuse or violence, as a spouse or a child of an American citizen or legal resident, you may be able to obtain legal status without needing your spouse or parent to assist in the process. Again, you should consult an attorney and not attempt this alone.

7. In deportation proceedings you might be able to adjust your status through cancellation of removal. Read more about this on our deportation page.

8. As a special juvenile immigrant. If you are a ward of the state, in foster care, or somehow placed in a family by a court and you are under 18 years old, under certain conditions you can become a legal permanent resident. Talk to your foster parents, your family, your case worker and ask them to contact us.

In some cases there might other options which you should discuss with us.

What will not work:

Contrary to rumors these situations do not allow you to obtain legal status easily: military service in the U.S. armed forces, though there may be some exceptions for you; going to college; having been here since you were a child (unless you have been here since before January 1, 1972); having an American citizen child who is not yet 21 years old; having an American citizen sister or brother, uncle, nephew, aunt etc. Also having an employer who would be willing to file for an employment visa for you will in most cases not solve the problem of your illegal status in the U.S.

If you have been convicted of certain crimes, ordered deported before, did not attend a deportation hearing, or have entered the United States illegally more than once or after you have been deported, or have ever claimed to be an American citizen, most of these options will not work for you. Yet, to make sure, you should consult with us.

Problem: Criminal convictions

As you read before, some criminal convictions can make you inadmissible forever and that means that you will never be allowed to become a legal resident. Among those convictions are first of all most convictions for drug crimes. Getting involved with drugs is the worst you can do about your immigration status. Next are crimes such as murder, rape, sexual abuse or any crime of violence or moral turpitude for which you are being sentenced to more than one year in prison. Having more than one conviction on your record also is not good for your quest to become a legal resident. Juvenile offenses usually do not count, except if the offense involved drugs. Expungement of convictions in state court usually do not help in immigration matters. For some convictions, though, you can get a waiver if you show hardship to your spouse or family. So, if you have any criminal record, you should first seek a consultation with us so we can discuss your options.

If any of these options might work for you, send us an inquiry now.

Dream Act

You might have heard of the DREAM act that would allow certain immigrants to legalize their status if they will go to college or join the military. However, up to now this act has not become law yet. We will inform you once this changes.

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