B. Isabel Rodriguez /
LAW OFFICES OF RODRIGUEZ & RODRIGUEZ, PLLC
203 S. 10th Ave
Edinburg, Texas 78539
(956)380-2117
I.Derivative Citizenship
8 U.S.C. 1401, 1408
Results in permanent U.S. citizenship.
Should ALWAYS be first recourse when available!
1.You may claim U.S. citizenship either by action of law while residing in the United States or by having been born outside the Unites States to U.S. citizen parent(s).
2.If you are the biological or adopted child of a U.S. citizen, you were born outside the United States, and you are claiming citizenship by action of law, you automatically become a U.S. citizen if:
A.You have at least one parent who is a U.S. citizen, whether by birth or Naturalization;
B.You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent;
C.You have been lawfully admitted for permanent residence;
D.You have not yet reached your 18th birthday; and
E.You are a biological child, you were legitimate, or you were legitimated while in the legal custody of your legitimating parent(s) prior to reaching your16th birthday.
NOTE: If you are now 18 years of age, but all of the above conditions applied to you before your 18th birthday and you were under the age of 18 on February 27, 2001 (the date the law took effect), you may still apply to obtain a Certificate of Citizenship.
3.If you were under the age of 18 on February 27, 2001, but not all of the conditions noted above were met prior to your 18th birthday, you must qualify for U.S. citizenship in your own right.
4.You may also file for a Certificate of Citizenship if all of the following actions occurred before your 18th birthday and prior to February 27, 2001:
A.You regularly resided in the United States after admission as a lawful permanent resident; and
B.Both of your parents, the parent having legal and physical custody of you, or your sole surviving parent naturalized as a U.S. citizen.
5.If you are the biological child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if;
A.You were born to two U.S. citizen parents and at least one of your parents had a residence in the United States or one if its outlying possessions. This residence had to have taken place prior to your birth; or
B.You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.
II.Special Immigrant Juvenile Status (“SIJS”)
Results in permanent resident status.
1.An alien may qualify for Special Immigrant Juvenile Status if the alien:
A.Is present in the United States;
B.Is unmarried and less than 21 years of age;
C.Has been declared dependent upon a juvenile court in the United States, or who such a court has legally committed to or placed under the custody of an agency or department of a State, or an individual or entity appointed by a State or juvenile court;
D.Has been the subject of a determination by a juvenile court in the United States that reunification with one or both of the juvenile’s parents is not viable due to abuse, neglect, abandonment, or similar basis under State law; and
E.Has been the subject of administrative or judicial proceedings that determined that it would not be in the juvenile’s best interest to be returned to the juvenile’s or his or her parent’s country of nationality or last habitual residence.
2.A petition to classify an alien under SIJS must be filed with:
A.Copy of the juvenile’s birth certificate or other evidence of his or her age; and
B.Copies of the court or administrative document(s) upon which the claim to eligibility is based.
NOTE: After a special immigrant juvenile becomes a permanent resident, his or her parent(s) may not receive any immigration benefit based on the relationship to the juvenile.
NOTE:Once a petition for SIJS is properly filed with USCIS, it stays any deportation and/or removal action pending the adjudication of said petition.
III.Battered Spouse or Child Under VAWA
8 U.S.C. 1154
Results in permanent resident status.
1.You may self-petition for immediate relative or family-sponsored immigrant classification if you:
A.Are now the spouse or child of an abusive U.S. citizen or lawful permanent resident;
B.Are eligible for immigrant classification based on that relationship;
C.Are now residing in the United States or have resided in the United States with the U.S. citizen or lawful permanent resident abuser in the past;
D.Have been battered by or have been the subject of extreme cruelty perpetrated by:
i.Your U.S. citizen or lawful permanent resident spouse during the marriage, or are the parent of a child who has been battered by or has been the subject of extreme cruelty perpetrated by your abusive citizen or lawful permanent resident spouse during your marriage; or
ii.Your citizen or lawful permanent resident parent while residing with that parent;
E.Are a person of good moral character;
F.Are a person whose removal or deportation would result in extreme hardship to yourself, or to your child if you are a spouse; and
G.If you are a spouse, entered into the marriage to the citizen or lawful permanent resident abuser in good faith.
NOTE: Divorce or other legal termination of the marriage to the abuser after the self-petition is properly filed with USCIS will not be the sole basis for denial or revocation of an approved self-petition. After the approval of the self-petition by USCIS, remarriage is permitted and will NOT affect eligibility to become a lawful permanent resident or be grounds for revocation of the approved self-petition.
IV.Victim of Qualifying Criminal Activity
(“U” Non-Immigrant Status)
INA §245(m), 8 U.S.C. 1255(m)
Results in temporary non-immigrant status.
Status is valid for up to 4 years but can be extended if applicant receives a law enforcement certification stating that their presence is necessary to assist in the investigation or prosecution of criminal activity.
1.You may apply for U Status if you have been a victim of qualifying criminal activity. You may include qualifying family members in the petition.
2.You must demonstrate all of the following;
A.That you are a victim of criminal activity designated in section 101(1)(15)(U) of the Immigration and Nationality Act (the Act). Such activity is defined as being the victim of one or more of the following or any similar activity in violation of Federal, State or local criminal law:
i.Rape;
ii.Torture;
iii.Trafficking
iv.Incest;
v.Domestic violence;
vi.Sexual assault;
vii.Abusive sexual contact;
viii.Prostitution;
ix.Sexual exploitation;
x.Female genital mutilation;
xi.Being held hostage;
xii.Peonage;
xiii.Involuntary servitude;
xiv.Slave trade;
xv.Kidnapping;
xvi.Abduction;
xvii.Unlawful criminal restraint;
xviii.False imprisonment;
xix.Blackmail;
xx.Extortion;
xxi.Manslaughter;
xxii.Murder:
xxiii.Felonious assault;
xxiv.Witness tampering;
xxv.Obstruction of justice;
xxvi.Perjury; or
xxvii.Attempt, conspiracy or solicitation to commit and of the above.
B.You have suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity;
C.You possess information concerning the qualifying criminal activity of which you were a victim;
D.A Federal, State or local government official investigating or prosecuting a qualifying criminal activity certifies that you have been, you are being, or you are likely to be helpful to the official in the investigation or prosecution of the criminal act of which you are a victim; and
E.The criminal activity of which you are a victim violated the laws of the United States or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.
3.The Secretary of Homeland Security may adjust the status of a “U” nonimmigrant to that of an alien lawfully admitted for permanent residence, unless the Secretary determines that, based on affirmative evidence, the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if :
A.The alien has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a “U” nonimmigrant; and
B.In the opinion of the Secretary of Homeland Security, the alien’s continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.
V.Victim of Severe Form of Human Trafficking
(“T” Non-Immigrant Status)
INA §245(l), 8 U.S.C. 1255(l)
Results in temporary non-immigrant status.
Status is valid for up to 4 years but can be extended if applicant receives a law enforcement certification stating that their presence is necessary to assist in the investigation or prosecution of the trafficking activity.
1.You may apply for T Status if you have been a victim of severe human trafficking. You may include qualifying family members in the petition.
2.You must demonstrate that you:
A.Are or have been a victim of a severe form of trafficking in persons;
B.Are physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry, as a result of trafficking;
C.Have complied with any reasonable request for assistance in a Federal, State, or local law enforcement investigation of prosecution of acts of trafficking in persons, unless you are under 18 years old; and
D.Would suffer extreme hardship involving unusual and severe harm upon removal.
3.To establish that you are or have been a victim of a severe form of trafficking in persons, you must demonstrate that you were brought to the United States either:
A.For the purpose of a commercial sex act, which was either induced by force, fraud or coercion, or occurred when you were under 18 years of age; or
B.For recruiting, harboring, transportation, provision, or obtaining of a person for labor or services induced by force, fraud, or coercion to subject you to involuntary servitude, peonage, debt bondage, or slavery.
4.The Secretary of Homeland Security may adjust the status of a “T” nonimmigrant to that of an alien lawfully admitted for permanent residence if it determines that the “T” nonimmigrant:
A.Has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a “T” nonimmigrant or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less;
B.Has, throughout such period, been a person of good moral character; and
C. ---
i.has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
ii.the alien would suffer extreme hardship involving unusual and several harm upon removal from the United States; or
iii.was younger than 18 years of age at the time of the victimization qualifying the nonimmigrant for “T” Status.
VI.Deferred Action
Implemented by the Secretary of Homeland Security on June 15, 2012 to benefit certain
aliens that came to the United States as children and meet certain criteria.
1.Granted for an initial period of 2 years and is subject to renewal, provided the
alien still meets the criteria and the process of deferred action is still in place.
2.Aliens must meet the following criteria to qualify for deferred action:
A.Must have been under the age of 31 as of June 15, 2012;
B.Must have entered the United States before reaching the age of 16 years
old;
C.Must have continuously resided in the United States since June 15, 2007
and up to the present time;
D.Must have been physically present in the United States on June 15, 2012
and at the time of filing their application for deferred action with USCIS;
E.Must have either entered without inspection before June 15, 2012 or their
lawful immigration status must have expired as of June 15, 2012;
F.Must currently be in school, have graduated or obtained a certificate of
completion from high school, have obtained a general education
development (GED) certificate, or be an honorably discharged veteran of
the Coast Guard or Armed Forces of the United States; and
G.Must have not been convicted of a felony, significant misdemeanor, three
or more other misdemeanors, and do not otherwise pose a threat to
national security or public safety.
3.Aliens must be at least 15 years old to apply for deferred action, unless they are
currently in removal proceedings or are the subject of a final removal or
departure order, in which case they may apply before their 15th birthday.
VII.Bars, Grounds of Inadmissibility, and Waivers
1.All of the above remedies, with the exception of derivative citizenship, are subject to the standard bars and/or grounds of inadmissibility.
2.An alien can be denied admission into the United States or adjustment of status based on any of the following grounds:
A.Prior removal or deportations
B.Unlawful presence in the U.S.
C.Criminal grounds
D.Health-related grounds, including communicable diseases and mental disorders
E.Alien’s likelihood of becoming a public charge.
3.Alien’s seeking to waive grounds of inadmissibility can file the following petitions:
A.I-601 Request for waiver of grounds of inadmissibility;
B.I-292 Permission to reapply for admission into the U.S. after deportation or removal
4.There are NO waivers available for the following grounds of inadmissibility into the U.S.:
A.False claim to U.S. citizenship made after 1996;
B.“Aggravated” crimes.