Nowadays, there are very few options available to all persons who currently live inside the United States illegally. There are even less options available to foreigners who entered this country without a visa (through the border). However, there exists one option for all those persons who have entered the U.S. without a visa, are currently married to U.S. citizens, have no criminal records, and are willing to return to their country of birth to attend their Green Card and pardon interview.
As a consequence of not having entered with a valid visa and undergone the inspection process at the port of entry, all persons who have entered this country through the border are not eligible to obtain an adjustment of status (Green Card) from inside the United States. This prohibition applies to all persons who have entered the U.S. through the border without any inspection and without a valid visa. Even if the person that entered illegally is currently married to a U.S. citizen spouse, has children who are U.S. citizens, or has an approved Labor Certification on his or her behalf, as long as the person entered illegally, the person cannot obtain any immigration benefit from inside the United States. The only manner in which a person who enters this country illegally may apply for an adjustment of status to that of a lawful permanent resident (Green Card holder) from inside the U.S. is during removal proceedings in court in front of an Immigration Judge.
Unfortunately, there are thousands of people who have entered this country and illegally and fall victim to people that promise them they can legalize their status and obtain the Green Card from inside the U.S for them if they marry a U.S. citizen. That is absolutely not true. The only manner in which a person who has entered this country illegally can legalize their immigration status and obtain his or her legal permanent residence is during removal proceedings in front of an Immigration Judge. The immigrant who illegally entered this country would have to wait to be sent a warrant to appear in court for his or her removal hearing.
This situation is a catch-22 because as a result of not enough resources and staff members in the Department of Homeland Security, few people in these circumstances are actually sent a notice to appear in court for removal proceedings. The focus on the service of notices to appear in court for removal proceedings is currently on persons who have a criminal record and pose a threat to the community. This is beneficial since it cleans the streets of delinquents. However, those persons that entered this country illegally but abide by the law otherwise and need to obtain their legal permanent residence to be able to live and work legally in this country are not able to do so from inside the U.S.
For all persons who have entered the U.S. illegally, the only alternative available to them is to apply for their legal permanent residence based on their marriage to a U.S. citizen is through consular process. Consular process requires that the U.S. citizen spouse petition the immigrant from inside the United States. The immigrant would then appear at an interview abroad at the U.S. embassy of their native country similar to the adjustment of status interview that others attend in the U.S.
In addition to the U.S. citizen spouse’s petition, the immigrant needs a pardon from the Department of State for the period of time for which he or she spent illegally in the U.S. The three factors that the Department of State considers for approving the pardons are:
1. The reason for the immigrant’s return to the U.S., 2. The period of time that the immigrant lived illegally inside the U.S., and 3. Whether the immigrant has a criminal record which would thereby pose a threat to national security. Each pardon is approved on a case by case basis and the facts of each case determine whether the pardon will be approved by the Department of State. Because each consular processing case requires the immigrant to leave the U.S. and return to one’s native country for the interview, anyone who is interested in this type of procedure should contact and retain the representation of a capable U.S. Immigration attorney specializing in consular processing and pardons.
About the Author:
Attorney Sonia M. Muñoz is the President of Immigration Legal Counsel, LLC,a South Florida-based law firm, handling cases in all 50 states. The firm is very active in protecting the rights of Immigrants and in assisting foreign professionals to legally enter and work in the United States. You can find more information about the Firm and different methods of entry into the US on their website at www.ilclawfirm.com, or by calling 1-866-482-VISA(
