Experienced Asylum/ illegal applicants

[Ms. Clarke 32]

Hey everybody!
I've got a question about undocumented immigrants who are already in the US. How can they go about applying for permanent residency? I've heard that a family member or a job can sponsor them, and they can also seek asylum. I'm curious about the types of cases that usually get accepted by the US Immigration Commission (USIC) and how difficult it is to gather evidence to prove the need for asylum. Also, what happens if an undocumented immigrant marries a US citizen? Can they then apply for residency with that reason? If so, which application should they use? Sorry for the jumbled mess of questions, but there doesn't seem to be a lot of information available on this specific topic. Thanks in advance for your experiences or insights!

[Lil bear 4,252]

1 hour ago, Ms. Clarke said:

Hey everybody!
I've got a question about undocumented immigrants who are already in the US. How can they go about applying for permanent residency? I've heard that a family member or a job can sponsor them, and they can also seek asylum. I'm curious about the types of cases that usually get accepted by the US Immigration Commission (USIC) and how difficult it is to gather evidence to prove the need for asylum. Also, what happens if an undocumented immigrant marries a US citizen? Can they then apply for residency with that reason? If so, which application should they use? Sorry for the jumbled mess of questions, but there doesn't seem to be a lot of information available on this specific topic. Thanks in advance for your experiences or insights!

How did they enter the US ? Visitor visa and overstayed ?
 

[Dashinka 24,609]

Might be a case for an immigration attorney.  “Undocumented” usually means the person entered the U.S. without inspection which can further complicate any cases.

[JeanneAdil 6,562]

8 minutes ago, Dashinka said:

Might be a case for an immigration attorney.  “Undocumented” usually means the person entered the U.S. without inspection which can further complicate any cases.

Agree   

AT least consult one /make sure it is one who specializes in asylum cases 

 

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

Edited December 23, 2023 by JeanneAdil

[Ms. Clarke 32]

4 hours ago, Lil bear said:

How did they enter the US ? Visitor visa and overstayed ?
 

What does it mean for either issue?  

[Lil bear 4,252]

48 minutes ago, Ms. Clarke said:

What does it mean for either issue?  

Having entered legally into the US the last time the person enters is a requirement for Adjustment of status if eligible as an immediate relative.   No legal last entry .. no AOS possible. 

[SteveInBostonI130 3,468]

1 hour ago, Ms. Clarke said:

What does it mean for either issue?  

 

What is their status?  We cannot help if you don't provide any information.  At this point, all we can suggest if for them to consult an immigration attorney.

[Boiler 45,693]

2 hours ago, Ms. Clarke said:

What does it mean for either issue?  

Do you not know how they entered.

 

Walk in and it is much more complicated.

 

Normal route is to marry a USC.

 

Asylum, well that obviously very much depends on their individual circumstances, why they are fleeing and where from, and how long they have been in the US.

[Verrou 1,962]

undocumented = came to the US without inspection ( eg. crossed the border without inspection from CBP). 

 

overstayed = came to the US with passport and inspected with CBP ( eg. arrived in the airport )

but then didn't leave the US when the time's up ( overstayed). 

which one in this case? big difference of those two

 

 

asylum = real or fake reason? even real reason is hard to win let alone for fake reason. and also if the person applied a year after they entered USA, not gonna win even if its real reason. asylum is not a status

 

 

Edited December 24, 2023 by Verrou

[Ms. Clarke 32]

On 12/23/2023 at 7:29 AM, Lil bear said:

Having entered legally into the US the last time the person enters is a requirement for Adjustment of status if eligible as an immediate relative.   No legal last entry .. no AOS possible. 

So the can not file for AOS they can only file for asylum within a year or go home ? 

[Ms. Clarke 32]

If the person is undocumented with no family or employment to sponsor them. The only option is asylum ? Correct ? What if they marry a us citizen does that help or change anything for them ? 

[Lil bear 4,252]

13 minutes ago, Ms. Clarke said:

If the person is undocumented with no family or employment to sponsor them. The only option is asylum ? Correct ? What if they marry a us citizen does that help or change anything for them ? 

Adjustment of status will always be of the table. If the undocumented person 
marries  a USC, this  will then allow for the petitioning of the non US Spouse through the Consular process. The interview will be completed in their home country. Departing the US for this interview will trigger a ban of up to 10 years.  The immigrant visa will be denied and the applicant can then apply for a I601 waiver. All this would  happen with they remain out of the US .. and will take 2-3 years 

[Verrou 1,962]

1 hour ago, Ms. Clarke said:

If the person is undocumented with no family or employment to sponsor them. The only option is asylum ? Correct ? What if they marry a us citizen does that help or change anything for them ? 

Depend. U can’t just apply for asylum just because u have no other option “beside asylum”. Asylum is not a rope / thread to keep u stay floated (even though people think like that) most asylum case is not approved anyway and once you are in removal proceeding it will take long time to get out of the court (if there’s a path to adjudicate through something else )

 

people are so easy to apply for asylum but didn’t think about the consequences (eg removal proceeding / deportation ) 

[Boiler 45,693]

All this is so vague it is difficult to comment, but yes marrying a USC can solve many issues.

[Ms. Clarke 32]

4 hours ago, Boiler said:

All this is so vague it is difficult to comment, but yes marrying a USC can solve many issues.

It's really interesting to think about how immigrants are able to stay in America, especially those who come in undocumented. I've been going through a lengthy process with my spouse K-1 visa, and it made me wonder how difficult it must be for people in illegal situations. However, when I came on here and spoke to people, I realized that my own journey with the K1 visa wasn't as hard as I thought. I can't help but wonder if undocumented immigrants would have an easier time if they had access to the proper information. It's just something that has been on my mind lately.