(NewsNation Now) — Many migrants are risking their lives to enter the United States in hopes of a better future, but the path to citizenship is much more extensive than crossing the border.
To date, there are approximately 10.7 million undocumented individuals living in the U.S. A new NewsNation poll found that nearly 70 percent of Americans surveyed support that path to citizenship.
The path can happen in four ways: Green Card through marriage to a U.S. citizen or lawful permanent resident (LPR), DREAMers Green Card through employment with LIFE Act protection, asylum status, U visa for victims of crime or non-LPR cancellation of removal.
Green Card through marriage to a U.S. Citizen or LPR
One of the most common paths to citizenship is marriage to a U.S. citizen or lawful permanent resident. The country classifies an immediate relative of a citizen as a parent, spouse or child under the age of 21. These individuals can typically get a green card easier than an undocumented person.
The immediate relative must have had a lawful entry to the U.S. in order for the undocumented person to apply for a green card from within the United States. The non-native immediate relative may then adjust status to permanent resident only if they have entered the United States with valid documentation and made face-to-face contact with a U.S. immigration officer and that officer acknowledged the person’s entry to the U.S. After becoming a permanent resident, individuals can eventually apply for citizenship.
If the undocumented person entered the country illegally, they must leave the country and interview through a U.S. Consulate office to get a green card then return to the states.
DREAMers Green Card through Employment with LIFE Act Protection
The Legal Immigration Family Equity (LIFE) Act gives DREAMERs additional benefits on top of the protection afforded to them under Deferred Action for Childhood Arrivals (DACA).
Undocumented persons may have an employer willing to sponsor them for a green card. Before submitting for the prospective DREAMer’s employment visa petition, the employer may be required to go through a process called Labor Certification or PERM. After such processes are completed, the process still requires the immigrant to return to his or her home country because of their original unlawful entry.
The LIFE Act law allows undocumented immigrants to finish their green card process in the United States if an immigrant petition was filed on their behalf or on their parent’s behalf on or before April 30, 2001.
Asylum Status
Asylum status is granted to individuals who are suffering from persecution or even just the fear of persecution, due to religion, race, political opinion, nationality or membership in a social group.
In general, eligibility for asylum requires that:
- You are present in the United States (by legal or illegal entry);
- You are unable or unwilling to return to your home country due to past persecution or have a well-founded fear of future persecution if you return;
- The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social group or political opinion; and
- You are not involved with an activity that would bar you from asylum.
To begin an asylum case, a lawyer must file Form I-589, Application for Asylum and for Withholding of Removal, along with evidence supporting the person’s claim.
U Visa for Victims of Crime.
In 2000, the Victims of Trafficking and Violence Prevention Act created the U visa, a nonimmigrant visa that is reserved for victims of crime who assist law enforcement.
There are four eligibility requirements for a U visa:
- The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;
- The individual must have information concerning that criminal activity;
- The criminal activity violated U.S. laws; and
- The individual must have been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the crime.
Non-LPR Cancellation of Removal
Another option may be available for certain undocumented individuals who have lived in the United States for at least 10 years.
To qualify for cancellation, you must meet all of the following requirements:
- The individual must have been living and continuously physically present in the U.S. for at least 10 years;
- Being deported from the U.S. would cause “exceptional and extremely unusual hardship” to your U.S. citizen or permanent resident spouse, child, or parent;
- Individuals can show that you have good moral character for the past 10 years; and
- Individuals have not been convicted of certain crimes or violated certain laws.
During the last decade, U.S. Citizenship and Immigration Services granted citizenship to more than 7.3 million people.