Perhaps you’re one of many immigrants who have been living in California for decades. Since arriving in this nation, you obtained a college degree, acquired gainful employment, and are well on your way to saving enough money to put a down payment on the house you hope to purchase. Throughout recent years, as you made plans for your future in the United States, a particular issue has been nagging at your heart, mostly because you worry what the outcome will be if you try to resolve it: You’re undocumented.
Whether you entered the United States without inspection or arrived here on a student visa that has expired, many people who have lived similar experiences say they felt very confused and frightened when trying to learn whether options existed to legitimize their statuses.
Possible Steps Toward Permanent Residence
Immigration is a highly controversial topic in this state and most others. Contentious debates ensued during the previous presidential administration when the U.S. Supreme Court became deadlocked in its decisions concerning Deferred Action status. Regardless of current political flairs or cultural opinions, the following facts may help forge an appropriate path to lawful residency:
- Marriage to U.S. Citizens or Lawful Permanent Residents: Immigrants who marry lawful permanent residents or U.S. citizens may often obtain green cards, allowing them permanent residency as well. Learn more about the Green Card Through Marriage Process.
- Marriage Fraud Warning: Anyone committing marriage fraud is at risk for harsh penalties, including a possible felony conviction for a U.S. citizen participant.
- Employment-Based Green Cards: In certain situations, employers may sponsor prospective highly skilled workers for permanent residence, although some employers must complete a labor certification process to do so. Learn about our employment-based immigration services.
- Asylum Options: If you fled a war-torn country, extreme poverty, or other imminent persecution or danger, you may be eligible for asylum. Explore our asylum services.
- U Visa Program: If you are a violent crime victim who has helped U.S. law enforcement agencies, you may inquire about the U visa program, which often provides a path to permanent residency.
This list is not extensive, and since your situation is likely different from another immigrant’s, there may be another option available that best suits your particular needs and goals. Half the answer to such problems is knowing where to turn for guidance.
Additional Immigration Pathways and Legal Relief
Other Options for Undocumented Immigrants in California
- DACA (Deferred Action for Childhood Arrivals): For those who came to the U.S. as children and meet specific criteria.
- Temporary Protected Status (TPS): For nationals from certain countries affected by armed conflict or natural disasters.
- Cancellation of Removal: For individuals in deportation proceedings who meet certain conditions. Learn about our deportation defense services.
- VAWA (Violence Against Women Act): For victims of domestic violence by U.S. citizens or permanent residents.
- Special Immigrant Juvenile Status (SIJS): For minors who have been abused, abandoned, or neglected.
California-Specific Resources for Undocumented Immigrants
- California Dream Act: Financial aid and educational benefits for undocumented students.
- Sanctuary State Policies: California limits cooperation with federal immigration enforcement.
- Local Legal Aid and Nonprofits: Organizations like the Immigrant Legal Resource Center and the California Immigrant Policy Center offer invaluable support.
Real-Life Story: Maria’s Journey to Legal Status
Maria came to the U.S. as a teenager and overstayed her visa. After years of living in fear, she contacted our team at Hussain & Gutierrez Law. We helped Maria apply for a U visa as a crime victim. Today, Maria holds a green card and is on the path to citizenship. Her story is a testament to the fact that legal status is possible, even when the odds feel stacked against you.
How an Immigration Attorney Can Help
A California attorney experienced in addressing immigration matters in court may be a great asset to those facing legal status problems in this state. In fact, there are some attorneys who were once undocumented immigrants themselves. Forging such an alliance would undoubtedly be very beneficial to someone navigating the immigration justice system for the first time.
At Hussain & Gutierrez Law, we understand the unique challenges immigrants face. Our dedicated legal team can help you explore your options, guide you through the complex immigration system, and advocate for your rights.
Contact us today for a free consultation to discuss your path toward legal status.
Frequently Asked Questions (FAQs)
Can I get a green card if I’ve overstayed my visa in California?
Yes, in some cases. If you’re married to a U.S. citizen or meet specific eligibility criteria (like through VAWA or U visa programs), you may still apply for adjustment of status, though certain waivers may be required.
What happens if I’m undocumented and ICE detains me?
If ICE detains you, you may face removal proceedings. However, you could qualify for relief such as cancellation of removal, asylum, or other forms of relief. Learn more about our deportation defense services.
Does California offer any protection for undocumented immigrants?
Yes. California is a sanctuary state and has policies that limit state and local law enforcement from cooperating with federal immigration enforcement. Programs like the California Dream Act also provide opportunities for undocumented students.
Can I work legally while my immigration case is pending?
In some cases, yes. If you apply for asylum or certain types of visas (like U or T visas), you may be eligible for a work permit (Employment Authorization Document) while your case is being processed.
How long does it take to get a green card through marriage?
Processing times vary based on the situation, but it typically takes 10-24 months. Factors like whether you’re adjusting status inside the U.S. or applying from abroad also affect the timeline.
Your Path to Legal Status Starts Here
Immigration law is complex, and your journey is unique. Don’t face it alone. At Hussain & Gutierrez Law, we help undocumented immigrants in California understand their options, navigate the system, and fight for their future. Whether you need assistance with asylum, green card applications, or defense in deportation proceedings, our team is ready to guide you.
Schedule your free consultation now and take the first step toward securing your legal status.
