Senior Hearing Representative Joseph D. Martinez Answers Your Frequently Asked Questions About Immigration

1) How do I become a legal permanent resident?

        

        There are several “programs” that allow you to become legal. Each program has its requirements to qualify for it. Besides the “program” requirements that you must meet to qualify, there are other legal problems that might arise such as whether you came to the United States with a visa or illegally crossed into the U.S. (see an attorney for a specific fact analysis of your case).

​

     

​

     

​

​

​

​

​

2) How does having a criminal record affect my ability to become legal?

​

        This is dependent on the type of crime committed and depends on if you were a legal resident or not, and the amount of jail time you received. Most felonies for assault will exclude you from most programs. Even a misdemeanor crime can affect you if you agreed to a jail term of one year or more.

​

​

3) Who can file a petition for legalization?

​

        You can be petitioned by an already legalized parent, spouse or an adult child that is 21-years or older. No one else.

​

​

4) Who can I help legalize being a legal permanent resident or U.S. citizen?

​

        Similarly, you can legalize your parent, spouse, children and your siblings (including their children or spouse). All of these individuals can be included in your petition to legalize your relative. Again, each program is different as well as the requirements and form fees that are required.
 

​

5) Aside from the “program” requirements, what else should be taken into consideration?

​

        There are specific “waivers of inadmissibility” that you need to be aware of that must be complied with before you decide to go to your “naturalization interview” with the government. A few of these applicable waivers are: unlawful presence in the United States, immigration representation, and criminal grounds of inadmissibility. 

​

             

6) If the person that petitions for my legalization dies, what happens with the petition?

​

        You can find someone else (being in the same category is ideal), that can replace the deceased petitioner.

​

​

7) Is my case for petition no longer valid if I divorce the petitioner?

​

        Generally, yes.

​

​

8) Can I be petitioned by an adopted child or stepchild?

​

        Yes, provided that you married the parent before the child turned 18-years of age.

         

​

9) If my petitioner or my sponsor does not make enough money to qualify, can I find someone else to help?

​

        Yes, you can have one petitioner, but have multiple sponsors to meet the required financial requirements of support.

​

​

10) If I was petitioned when I was a child, when can I qualify to legalize my status, even if I’m now an adult?

​

        Your “child status” does not change when you become an adult. However, you must stay vigilant about your priority date, and must file within one year from when the priority date is due, or you’ll be filed within an adult status and have to wait years until your new priority date becomes eligible again.

​

11) What immigration benefits do I have if I possess a visa, expired or not, if I have not left the U.S.?

  

          A visa, even if expired, is a great document to use to help adjust your status in the U.S. and become legal, once the form fees and waiver have been paid.

​

​

12) Where can I petition for a visa?

​

        You must petition for a visa in your home country as well as petitioning to renew your visa in your home country, before it expires. Once the visa expires or you are found to have overstayed your visa period, you will likely be denied a new or renewed visa. 
 

 

13) Who can I call if I have questions regarding immigration paperwork?

​

        The United States Citizen & Immigration Services (USCIS) at 1-800-375-5283. Keep in mind, the USCIS will not tell you what to do, but instead where to call to inquire about the status of an application.

​

           

    I would highly advise you to contact an attorney with your questions about Immigration issues. This is a very complicated area of the law where a case can be lost from failing to complete the right form at the right time.To learn more about how the Acosta Law Office can help you, call for a free immigration consultation at 619-391-9933.