LEGAL REMEDIES FOR NONCITIZENS WITH US CITIZEN FAMILY MEMBERS

 

Introduction

The United States has always been a favorite destination for many in pursuit of their American dream. Though the rules of immigration are pretty tricky, there are a number of legal remedies available for noncitizens to be reunited with their citizen family members within the US.

Most of the family members want to be sure that they can live together, and the US aids them in providing so many ways in which the coming of people from other countries is made possible to unite with their loved ones present in the US.

It is good to know the details of these remedies; whether as an immigrant who wants to make a move into the US or as a family member wishing to bring one over. This post provides info on the kind of remedies you might be eligible for.

Non-citizens eligible for family-based immigration remedies

●      Close family members.

Family-based immigration gives preference to the closest relatives of the US citizen. This first preference includes spouses, children under 21 years old who are unmarried, and parents more than 21 years of age, because a US citizen has also attained more than 21 years of age. These individuals are considered Immediate Relatives (IR) and, therefore, are not counted against any entry to the United States.

●      Categories of family preferences.

Besides the immediate family, there are other categories of noncitizen family members who can enjoy some immigration remedies because of their family members who are green card holders.

They are in the family preference class as follows: the unmarried children over 21 years old; the married children of whatever age; the siblings of green card holders. The green card holders among the immediate family may also apply for visas for spouses and children who are under 18 years old. Still, given the issuance of these visas is such a rare affair, the waiting period runs into months or even years.

Legal remedies for noncitizen family members of US-citizen military personnel

●      Parole in Place (PIP).

Parole in Place is a type of parole for certain family members of United States military service members. It is important because, to adjust your status, you need to have been 'admitted or paroled' into the United States. PIP provides a way for someone who otherwise could not adjust his status to do so. You are eligible for PIP based on 'urgent humanitarian reasons or significant public benefit' if you:

●      You are the spouse, widow, parent, son, or daughter of a member of the United States Armed Forces serving in active duty.

●      You are the spouse, widow, parent, son, or daughter of a veteran who died or who was alive when he was dishonorably discharged.

●      You are undocumented; you entered the US without being inspected. If you came in on a visa, you cannot apply for PIP.

Accumulation of unlawful presence through PIP does not wipe away unlawful presence that you may have accrued. If PIP is granted, you can apply for a work permit and for benefits requiring a lawful entry, such as adjustment of status, if you have a qualifying relative. PIP is granted in one-year increments and may be renewed.

●      Deferred action.

It is a kind of immigration relief and means you won't be removed. Deferred action is accorded to the military and some of their family members. They also include persons in the categories qualified for PIP as well as those entering the Delayed Entry Program of the Department of Defense like MAVNI enlistees and spouses, parents sons and daughters;.

You can get work authorization upon approval of Deferred Action. This work authorization has a two-year validity and is renewable. Note that this legal remedy is not a legal admission or parole for any status change so far as you apply for to change your current status.

●      Residency benefits for citizenship application.

Under the US immigration law, you may credit time that you are a lawful permanent resident spouse living abroad with a member of the armed forces at the member's official orders as though you had resided in the United States.

You also may naturalize abroad, which means that you will not have to come to the United States for an interview and oath ceremony.

●      Family members of deceased members of the armed forces.

If your US citizen spouse, child, or parent died from injuries received during honorable active duty, you may be eligible to become a lawful permanent resident or to naturalize with special provisions.

You can speak with an immigration lawyer for additional information about naturalization benefits and residence for family members of US service members who die from combat injuries.

Other legal remedies for noncitizens with US citizen family members

There are a few humanitarian immigration policies in the US that benefit family members of US citizens and green card holders. These include:

●      The VAWA remedy.

The Violence Against Women Act (VAWA) allows victims of abuse to leave the abuser by allowing them to self-petition for permanent residency. To qualify under VAWA, the applicant has to be either the spouse or child of, or parent of, the abusive US citizen or green card holder.

●      Humanitarian parole.

Other family members can also apply for Humanitarian Parole. It is a very rare chance for individuals outside the US who have an urgent need to reach here as soon as possible, such as Afghan women whose lives are in danger from the Taliban. A humanitarian parole visa is temporary and is issued for a specific period based on case facts.

●      TPS.

The Temporary Protected Status (TPS) is most similar in concept to humanitarian parole. However, it does involve people who are already inside the US and are unable to go back to their home countries because of a natural disaster or war. The temporary remedy bestows upon the beneficiaries the privilege to work but offers them no road to a green card. That is actually a pretty reasonable option for such people who qualify, and do not have any immediate family member ready to sponsor them.

●      Deferred Action for Childhood Arrivals (DACA).

Another important thing parents should be aware of is DACA. DACA is for those kids who were in the US before their 16^th birthday and stayed there from then. DACA no longer takes new applications but can renew its existing ones, so that permission to work could be continued. However, it again, like TPS, does not lead to permanent residency.

●      Special Immigrant Juvenile Status (SIJS).

SIJS is available to kids present in the United States who are not US citizens. It is a status given to such kids who cannot safely return to their parents or their country of origin. In those situations, custody is granted through a state court, and children become eligible to file for permanent residence via an I-360 petition.

●      Asylum and refuge statuses.

These are for people who fear persecution because of their race, religion, nationality, social status, or political beliefs. Asylum status is for those currently in the US, while refugee status is for those currently outside the US.

For both, the persecution must come from the government or someone the government can't control.

Get help!

Family matters a lot, and being apart from those you care about can be tough. Luckily, family-based immigration remedies offer ways for families to come back together in the US.

If you get to know your options and team up with our skilled immigration lawyer at Gehi and Associates, you can easily manage the process and reunite with your loved ones.

Reach out to us today!