How to Legalize Your Immigration Status in the United States: A Complete Guide

Regularizing your immigration status in the United States is a crucial process for those who wish to live, work, and build a future in this country legally. Taking this step not only provides peace of mind and stability, but also opens the door to important benefits such as authorized employment, access to social services, and the possibility of obtaining citizenship in the future.

However, it is a path that requires preparation, legal knowledge, and meeting specific requirements. In this article from the Law Office of Manuel Solís, we will explore in depth the steps necessary to start this process.

We will provide you with a clear and detailed guide designed for those seeking guidance on how to adjust their immigration status. Additionally, you will find useful tips and answers to common questions to help you make informed decisions.

Table of Contents

• Introduction: What Does It Mean to Regularize Your Immigration Status?
• Why Is It Important to Regularize Your Immigration Status?
• Main Options to Regularize Your Immigration Status
  • Humanitarian Visas
  • Special Immigrant Juvenile Status (SIJS)
  • Family Petitions
  • Asylum and Refugee Status
  • Adjustment of Status Through Employment
  • Asylum and Refugee Status
• Steps to Follow to Regularize Your Immigration Status
  • Determine Eligibility
  • Prepare the Necessary Documentation
  • Attend Interviews and Examinations

Introduction: What Does It Mean to Regularize Your Immigration Status?

Regularizing your immigration status means moving from an irregular or temporary situation to a permanent and legal one within the United States. This may involve changing from a temporary visa to permanent residency, adjusting the status of someone who entered the country legally but whose visa expired, or resolving an irregular entry through legal processes such as family petitions or humanitarian programs.

This process is neither automatic nor simple, as it requires meeting specific legal criteria and, in most cases, facing long waiting times. Proper legal advice can make a significant difference for those seeking to resolve their immigration status.

Why Is It Important to Regularize Your Immigration Status?

Regularizing your immigration status not only gives you peace of mind and legal security, but also opens the door to multiple benefits such as:

• Access to legal job opportunities: Allows you to work with rights and labor protections.
• Peace of mind for your family: Prevents family separation and helps you live without fear of deportation.
• Access to essential services: Ability to obtain driver’s licenses, medical insurance, and social benefits.
• Opportunity to apply for citizenship: In the long term, regularizing your status is the first step toward U.S. citizenship.
• Legal protection from deportation: Fixing your situation can increase your security by making you less vulnerable to removal proceedings.

Main Options to Regularize Your Immigration Status

Humanitarian Visas

Humanitarian visas offer an essential pathway for individuals facing exceptional circumstances:

• U Visas: Designed for victims of serious crimes who cooperate with law enforcement during the investigation or prosecution. Key requirements:
  • Evidence that you were a victim of a qualifying crime.
  • Cooperation with law enforcement.
  • Certification from a law enforcement agency.
• T Visas: For victims of human trafficking. These visas allow recipients to remain in the country while assisting in investigations, and in some cases, apply for permanent residency after a certain period.
• Temporary Protected Status (TPS): For individuals from certain countries affected by armed conflict, natural disasters, or other extraordinary circumstances.

Process:

1. Determine eligibility.
2. Submit the appropriate application, such as Form I-918 for the U Visa.
3. Gather relevant documentation, including police reports or supporting statements.

Special Immigrant Juvenile Status (SIJS)

This program is intended for minors who have been abused, abandoned, or neglected and cannot reunite with one or both parents.

• Requirements:
  • Be under 21 years old at the time of filing the petition.
  • Not be married.
  • A juvenile court must determine that reunification with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.

Process:

1. Obtain an order from the juvenile court stating that you cannot be reunified with your parents.
2. File Form I-360 with USCIS.
3. After approval, apply for adjustment of status (Form I-485).

Family Petitions

U.S. citizens and lawful permanent residents can petition for their family members to obtain legal immigration status. Eligible relatives include:

• Spouse
• Children (minor or adult, married or unmarried)
• Parents (if the petitioner is over 21)
• Siblings (if the petitioner is over 21)

Process:

1. File Form I-130 to establish the family relationship.
2. Once approved, the beneficiary may apply for an immigrant visa abroad or adjust status in the U.S., depending on their current status.

Note: Some relatives are classified as “immediate relatives” and are not subject to visa limits, which speeds up the process.

Asylum and Refugee Status

Asylum allows people who have suffered persecution or fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group to seek protection in the U.S.

Process:

1. File Form I-589 within one year of entering the U.S.
2. Attend a biometric services appointment and asylum interview or immigration court hearing.
3. If approved, apply for permanent residency after one year of asylum status.

Adjustment of Status Through Employment

Some individuals can regularize their status through an employment-based petition, especially if a U.S. employer sponsors them and meets the Department of Labor requirements.

Requirements:

• Have an approved labor certification (PERM).
• Obtain an approved immigrant petition (Form I-140).
• Be eligible to adjust status if legally present in the country, or process abroad through consular processing.

SIJS is an option for minors under 21 years old who have been abandoned, abused, or neglected by one or both parents.

• Requirements:
  • Be under 21 years old and unmarried.
  • Have an order from a juvenile court in the United States stating that it is not in the minor’s best interest to return to their country of origin.

Benefits:
Allows the minor to apply for permanent residence without needing a family or employer sponsor.

Process:

1. Obtain an order from a state court.
2. File Form I-360 with USCIS.
3. Once approved, proceed with the adjustment of status (Form I-485).

Asylum and Refugee Status

Asylum is available for people facing persecution in their country of origin due to their race, religion, nationality, political opinion, or membership in a particular social group.

Asylum Requirements:

• File the application within the first year of entering the United States, with some exceptions.
• Demonstrate a well-founded fear of persecution if returned to your country.

Refugee Process:

• Submit the application while outside the United States.
• Attend an interview and, if approved, enter the country under refugee status.

4. Family Petition: If you have a family member who is a U.S. citizen or permanent resident, they can file a petition on your behalf. Immediate relatives such as spouses, unmarried children under 21, and parents of U.S. citizens have priority in this process.
5. Employment: Some employment categories allow skilled workers to apply for permanent residence. This usually requires a job offer and, in many cases, labor certification from the U.S. Department of Labor.
6. Special Programs: There are programs like Temporary Protected Status (TPS) that provide temporary protection to nationals of certain countries affected by armed conflict or natural disasters.

Steps to Follow to Regularize Your Immigration Status

Determine Eligibility

Each path to regularization has specific eligibility criteria. It is essential to carefully review the requirements for each option and determine which best fits your personal situation. For example, for adjustment of status through a family petition, you must be admissible to the United States and meet certain eligibility requirements.

It is crucial to conduct a self-assessment of your current situation and verify if you meet the basic criteria for any of the available options. An immigration attorney can help you determine the best path for you.

Prepare the Necessary Documentation

Filing the application requires a series of supporting documents, which may include:

• Proof of identity: Valid passport, birth certificates, and other official documents.
• Immigration history: Records of entry and exit from the country, previous visas, and previously filed forms.
• Evidence of family relationships: Marriage certificates, children’s birth certificates, etc.
• Financial documents: Tax returns, proof of income, and any evidence supporting your financial stability.

Attend Interviews and Examinations

Depending on the process you choose or apply for, you may be called for an interview with the U.S. Citizenship and Immigration Services (USCIS). During these interviews, you will be asked for more details about your case and must provide clear and honest answers.

Also, some processes require medical exams to certify that you meet the health standards established by immigration laws.

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Raul Zepeda

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