Frequently Asked Questions

1. I entered the United States without a visa, but I married a U.S. citizen. Can I get my lawful permanent residence and employment authorization if my U.S. citizen spouse files an immigrant petition for me?
No, unless you had a pending family or employment based petition pending on or before April 30, 2001. If you entered the United States without being admitted or inspected by an immigration officer, generally you cannot receive your lawful permanent residence or employment authorization, even if you married a U.S. citizen and may have U.S. citizen children. Under present immigration laws, you would have to return to your home country to apply for your residency. However, if you have been in the United States unlawfully for at least 6 months to a year, you would incur a 3 year bar from entering the country upon your departure. If you have been in the country for more than one year, you would incur a 10 year bar upon your departure. You may apply for a waiver of these bars, but they are difficult to obtain and require demonstrating extreme hardship to a U.S. citizen or resident spouse or parent.

2. If I have U.S. citizen children can the government deport me even though I entered the country without a visa?
Yes. The U.S. Immigration and Customs and Enforcement does and will deport you if it finds that you are deportable under the country’s immigration laws. The only case where it might not is where you have been in the country for at least 10 years, have exhibited good moral character during that time, and can demonstrate that your U.S. citizen or resident spouse, parent, or child will experience exceptional and extremely unusual hardship. This is a very high standard to meet.

3. For some time I have been working with my employer without work authorization. Can my employer sponsor us for a visa so that we can now work legally?
If you entered the country without a visa or have overstayed your visa, you cannot obtain a visa to work with your employer without going back to your home country. However, if you have been in the United States unlawfully for at least 6 months to a year, you would incur a 3 year bar from entering the country upon your departure. If you have been in the country for more than one year, you would incur a 10 year bar upon your departure.

4. If I get arrested by the immigration service should I just voluntarily sign my deportation so that I can be deported more quickly?
You should never sign anything without first consulting an attorney. The U.S. Immigration and Customs Enforcement may want you to waive many of your rights and sign an order of deportation. You may be eligible for some of form of relief from deportation and not know it. If you sign an order of deportation, you record will contain an order of deportation and could complicate your case should you desire to return legally. Rather than leave under an order of deportation, you may qualify to leave under a grant of voluntary departure, in which case your record would not contain a formal order of deportation. However, voluntary departure will not cure the 10 year bar for being in the country unlawfully for more than one year.

5. What should I do if I get arrested by the police or the immigration authorities?
Exercise your right to remain silent. Other than providing your name and address to local authorities, you do not have an obligation to answer any questions about where you were born or how you entered the country, which may self-incriminate you. Notify the officer or immigration agent that you do not want to answer any questions and would like to speak with your attorney. Contact an attorney knowledgeable about immigration matters right away.

6. I heard that the Immigration Reform passed. Does that mean that I can receive legal status even though I entered without a visa?
Not yet. Immigration reform will not become law until both houses of Congress approve the bill and the President signs it. Be wary of anyone who is willing to take your money to process your papers to benefit from a supposedly approved immigration reform.

7. I obtained an international driver’s license. Does this give me legal authority to drive in Virginia?
After moving to Virginia here from another country, you may use your country’s driver’s license or an international driver’s license for up to 60 days. After that, you are required to obtain a Virginia’s driver’s license in order to drive in Virginia.

8. If I pay income taxes even though I am in the United States unlawfully will that prevent me from being deported?
Paying taxes will not prevent you from being deported. However, it may benefit you if you qualify for a discretionary form of relief from deportation, such as cancellation of removal and NACARA, which require a showing of good moral character. In addition, recent immigration reform proposals require a person to pay back taxes on any income they have earned in the United States in order to receive legal status.

9. How can I become a U.S. citizen?
A person becomes a U.S. citizen either by being born in the United States or through naturalization. A person becomes eligible for naturalization after residing in the country as a lawful permanent resident for five years or three years if married to a U.S. citizen. A person who is a lawful permanent resident serving in the military may apply for U.S. citizenship after one year. A person serving in the military in active duty service during certain periods of armed conflict, such as the present Iraq war, may apply for citizenship, even though he/she was not admitted as a lawful permanent resident. Applicants for naturalization must demonstrate that they have good moral character and must pass a test on English, American government, and American history.

10. I want to apply for U.S. citizenship or lawful permanent residence but I have some criminal convictions in my past. Should I be concerned?
Yes. You should consult with an immigration attorney before applying. Certain criminal convictions, even if they were subsequently dismissed, could cause the immigration service to deny your application and place you in deportation proceedings.


*This information provided by Valverde & Rowell, PC Attorneys at Law