Last Updated on May 11, 2022 by Fair Punishment Team
If you find yourself in the position whereby you or a family member are in need of seeking Immigration Amnesty it can seem quite daunting. This article gives information regarding who is eligible for Immigration Amnesty in the United States of America as well as the process and more frequently asked questions.
Immigration Amnesty is a constantly debated issue in the USA. Some believe blanket amnesty should be granted to persons who are in the USA illegally and have not committed any other crimes. It could also be disputed that if all illegal immigrants were deported from the USA this could lead to severe economic setbacks in the country.
Who Is Eligible For Immigration Amnesty?
Although laws do frequently change, there are usually certain groups of people and a number of situations whereby a person would be eligible for Immigration Amnesty in the United States of America. Immigration Amnesty can be granted to both those who have entered the USA illegally and to those that entered legally but whose immigration status has become expired.
Only people who have not been involved in any illegal activity during the time they have been in the USA will be considered, with an exception made for illegally entering the country. If you have been involved in illegal activity or have been arrested and have a record you are not eligible for Immigration Amnesty.
If you are a member of a family seeking Immigration Amnesty if you fulfill the eligibility requirements in most cases your spouse or children will also qualify for Immigration Amnesty which would lead to a change in all of your family’s immigration status in the USA.
How Can You Apply For Immigration Amnesty?
There are five steps in the process of seeking Immigration Amnesty. These steps are outlined briefly in the below.
- Firstly, you must check that you are eligible for Immigration Amnesty before completing an application. Laws regarding Immigration Amnesty change frequently and so it is essential that you stay updated on this subject. Usually, if you have overstayed your visa or entered the country illegally you can potentially qualify for Immigrations Amnesty.
- Once you know you are eligible it is recommended that you hire a lawyer who specializes in immigration. This process is very sophisticated due to the legislation around this subject changing frequently. Some may believe they can complete the necessary forms without the help of a lawyer, however it is best for you to consult a lawyer so they can advise you on the best way to proceed.
If you are unsure where to find a lawyer you can contact the bar association in your locality or the American Immigration Lawyers Association. Both associations will be able to assist you to ensure you find a lawyer who will be qualified to help you on this matter. - Next, you will be required to complete a form called the Application to Register Permanent Residence or Adjust Status (Form I-485). Your lawyer will be able to assist with this and any questions you may have should be directed to them.
- After completing Form I-485 you will be required to submit it to the USCIS. The application form will come with detailed instructions regarding the documents that you must include in your submission.
It is important to note that you will have legal status while your application is pending and you can also apply for a work permit during this time. The work permit will allow you to legally work in the USA while your application is being processed. - The USCIS is responsible for reviewing your application. As soon as a decision has been made you will be informed by the USCIS of the decision that has been made.
While the decision is being there are certain rules you will be required to follow, these include not leaving the USA without completing certain documents. If you fail to follow these rules your application will be rejected and you will not be granted Immigration Amnesty.
FAQs
What Is Immigration Amnesty?
Immigration Amnesty is a process whereby legal immigration status is granted to a person who is in the USA illegally. This process can be granted to people who enter the USA legally and illegally.
Who Can Grant Amnesty?
The USCIS is responsible for reviewing applications made by persons seeking Immigration Amnesty. They form a decision based on the submitted forms and supporting documents and inform the persons of the decisions that are made regarding Immigration Amnesty.
Is The Application Process Difficult When Applying For Immigration Amnesty?
The legislation regarding Immigration in the USA often changes and this affects Immigration Amnesty. Consulting a professional immigration lawyer is advised as the process of seeking amnesty is extremely sophisticated.
What Is The Difference Between Immigration Amnesty And A Green Card In The USA?
Immigration Amnesty is the process of legal status being granted to an eligible person, resulting in the eligible person receiving their green card. One such person may have entered the United States of America illegally. Illegal immigrants can often have a low chance of being able to get a green card if they apply for a green card as normal.
This is because the application process would highlight their illegal status and in some cases, this could potentially lead to deportation. Amnesty is there to help those in need of help that cannot go through the usual channels that others can.
There are different types of green cards and there are specific types for refugees and asylum seekers but you must enter the country under certain conditions in order to be eligible for this type of green card.
The average processing time for a green card can be anywhere in the range of 10 to 38 months, this depends entirely on what type of green card you are applying for and also if you are applying from within the USA or overseas.
