Jorge Rivera | Immigration Attorney

The Law 245 (i)
The law 245 (I) allows the persons who entered illegally by the border to pay a fine of $1.000 dollars, to obtain the residence through a familiar petition or labor request. To qualify for the law 245 (i) must have presented by petition before April 30, 2001.

Petition through a father/mother?
The key to obtain the residence through the parents is that he/she are and American Citizen and that his son/daughter is a minor. If it is over age, will have to go out of the country to be able to obtain the residence.

Petition through a son/daughter?
The most important thing is that the son/daughter has to be an American Citizen and over 21 years. If it does not fulfill with these 2 requirements, the request is impossible. In addition, the father/mother has to have enter legally to the country, even if he/she has remained without authorization.

To obtain the residence through a petition by his/her spouse?
The Marriage for love. A person who enters as tourist, and remains beyond the time allowed in his/her I-94 forms, and marries a citizen, can obtain the American residence without need to return to his country. The betrothed must demonstrate before the authorities or immigration, that they married for love.

Legalization by Humanitarian Reasons?
The Deferred Action allow to obtain a work permit and legal status. But only can present the application if the person qualifies for the law of 10 years. Generally, qualify persons who have a sick relative or health problems.

Victim of a crime?
The “U” Visa, allows the immigrant who have suffered an assault, that have been struck, robbed at gun point, hand armed or rape, among other crimes, to receive a work permit, a legal status, and even the residence, although they have entered without documents by the border.

To obtain the residence by the law of the 10 years?
This law not only require that the person have been living for more than 10 years in the United States, but must prove that his parents, his spouse, or his resident or citizen children are going to have a great suffering in case there is a process of deportation. The key to gain these cases is the presentation of evidences before the judge.

To be legalized through the TPS?
The status of Temporary Protection or TPS, for his initials in English. For the TPS only qualify Immigrants of El Salvador, Honduras, Nicaragua and Haiti. In most cases, only the persons who already have the TPS are eligible. So it is necessary to be careful with the fraud. Get information, so you will not be defrauded.

How to become a resident through an asylum?
To achieve the asylum the immigrant has to demonstrate that suffer pursuit in his country. The most important thing is the proof of the pursuit, for example: police, medical or press records, because without proofs, the Immigration and Naturalization Service’s of the United States – USCIS – can deny the case and arrange the deportation.

How someone without documents can become a resident after being a victim of domestic violence?
An undocumented person can legalize his/her situation related to the domestic violence. For example: a woman that enter without documents by the border and is a victim of physical or emotional mistreatment from her husband, can request the residence. The key to obtain it are the proof of the abuse; report of arrest, photos, medical , psychological and psychiatric records.