How can someone become legal in the U.S without marrying or employment based visas?

[ColleenLujan 0]

Is there anything that he can do to change his status besides marry or find a job that will give him a visa? He has no criminal record, besides two driving with no license and has paid taxes with a itin but it has been a few years. Anything he can do?

[JohnR! 5,495]

Is there anything that he can do to change his status besides marry or find a job that will give him a visa? He has no criminal record, besides two driving with no license and has paid taxes with a itin but it has been a few years. Anything he can do?

Unless he qualifies for the deferred action law passed earlier this year, there isn't much that can be done, I am afraid.

[Asia 2,498]

He came illegaly, so without inspection?

If so, there's nothing that can be done, I guess.

[ColleenLujan 0]

Unless he qualifies for the deferred action law passed earlier this year, there isn't much that can be done, I am afraid.

what is the deferred action law and where can I find out more information?

[JohnR! 5,495]

what is the deferred action law and where can I find out more information?

There is a link inside the copy:

http://www.cnn.com/2012/08/15/us/immigration-deferred-deportation/index.html

[Harsh_77 718]

If he is illegal he cannot change his status based on employment.

[ColleenLujan 0]

If he is illegal he cannot change his status based on employment.

someone told me if he was here illegally then he could get help, visa or something. True?

[aleful 1,905]

someone told me if he was here illegally then he could get help, visa or something. True?

not true.

[Lornaevo 48]

Did he come with a visa and over stayed? Or did he sneak across the border?

[GlobeHopperMama 95]

It's incredibly difficult for anyone to get legal status in the US even without having entered illegally. For those with unlawful presence counting against them, the options get much smaller, and even those married to US citizens experience great difficulty, even though they are virtually the only ones with any available path to legal status in that situation. A few exceptions apply, including victim-based routes in the event that he assisted police or prosecutors in a criminal investigation.

Deferred Action is not a law that passed, by any means. It is a policy that the Dept of Homeland Security enacted, and certain people (under the age of 31) qualify. Full information is here:

http://www.uscis.gov/childhoodarrivals

[I AM NOT THAT GUY 5,715]

Is there anything that he can do to change his status besides marry or find a job that will give him a visa? He has no criminal record, besides two driving with no license and has paid taxes with a itin but it has been a few years. Anything he can do?

Move to a sanctuary city, San Francisco, for example.

[I AM NOT THAT GUY 5,715]

Does he have a Matrícula Consular? Some areas will honor that.

[JimVaPhuong 4,863]

Is there anything that he can do to change his status besides marry or find a job that will give him a visa? He has no criminal record, besides two driving with no license and has paid taxes with a itin but it has been a few years. Anything he can do?

The majority of paths to gaining legal status in the US begin with a requirement that the alien was inspected and admitted to the US by an immigration officer. There are very few routes available for someone who entered without inspection.

If you're a Cuban national then you're in. You're granted parole by the mere fact that you're standing on US soil. One year later you can apply for a green card.

Another possibility is if they married a US citizen or permanent resident, and were abused by that US citizen or permanent resident spouse in the United States, then they might be able to adjust status under the VAWA Act. This isn't exactly something you can plan in advance. "Hi. Would you marry me so I can accuse you of spousal abuse and get a green card?"

Another possibility is a T or U visa. A T visa is for victims of human trafficking; e.g., someone who was smuggled into America and forced into prostitution or slave labor. A U visa is for victims of certain crimes who suffered physical or emotional abuse as victims of those crimes, and who are willing to cooperate with law enforcement in prosecuting those crimes. The problem with both of these visas is that they require an endorsement from the law enforcement agency you helped, and law enforcement agencies have a poor record of cooperating. They dangle these visas, especially the U visa, in front of illegal alien criminals as a way of getting them to snitch on their criminal associates. After the prosecution they back out and refuse to provide the endorsement, and allow the snitch to be deported.

Then there's asylum. Anyone is eligible to apply, but a frivolous asylum application will result in deportation. The likelihood of anyone from a country in the Americas getting asylum is pretty slim.

Finally, there are private bills in congress. A private bill is introduced by a senator or congressman to make an exception in the law in one very specific case. Most of these bills don't pass, but some do. Diane Feinstein has introduced more private bills than any other senator. She's managed to stop deportation for a number of people, but you need to make a compelling case that you deserve an exception. For example, you were working as a lab assistant in a university medical lab and discovered a cure for cancer, and now you're being deported.

Move to a sanctuary city, San Francisco, for example.

The only difference between a sanctuary city and any other city is that city employees in a sanctuary city won't help federal immigration officers unless they're required to by state or federal law, or the feds show up with a warrant. From a practical perspective, this means they won't run your name through the DHS database before they release you from jail. Being in a sanctuary city doesn't actually provide you any real sanctuary because it doesn't protect you from the federal government. ICE can still show up at your door and drag you away. San Francisco came under a lot of heat for it's policy after Edwin Ramos, an illegal alien and MS-13 gang member, shot and killed three people in 2008. He had previous felony convictions. If he had been handed over to ICE, as required by federal law, then he wouldn't have been in San Francisco to commit those murders. San Francisco Mayor Gavin Newsom changed the sanctuary policy to allow San Francisco authorities to refer felons to ICE for deportation.

[I AM NOT THAT GUY 5,715]

The only difference between a sanctuary city and any other city is that city employees in a sanctuary city won't help federal immigration officers unless they're required to by state or federal law, or the feds show up with a warrant. From a practical perspective, this means they won't run your name through the DHS database before they release you from jail. Being in a sanctuary city doesn't actually provide you any real sanctuary because it doesn't protect you from the federal government. ICE can still show up at your door and drag you away. San Francisco came under a lot of heat for it's policy after Edwin Ramos, an illegal alien and MS-13 gang member, shot and killed three people in 2008. He had previous felony convictions. If he had been handed over to ICE, as required by federal law, then he wouldn't have been in San Francisco to commit those murders. San Francisco Mayor Gavin Newsom changed the sanctuary policy to allow San Francisco authorities to refer felons to ICE for deportation.

Pretty much. San Francisco goes one step further and provides an identification card that can be used within the city-county limits and many cities in the SF Bay Area for most purposes. That was why I was asking about the Matrícula Consular. In California, at least, if somebody is pulled over without identification, that person can be arrested and his vehicle impounded. However, if he has some sort of verifiable ID, he can be cited and released, sent on his way. Law enforcement actually prefers not to arrest someone for minor infractions and encourages the use of the Matrícula Consular to make its job easier.

[JohnR! 5,495]

someone told me if he was here illegally then he could get help, visa or something. True?

I believe someone gave you incorrect information.

If he entered the country without a visa - crossed the border illegally - the only chances to regularize his situation would be through marriage to a US citizen and even so, he would still need to leave the country in order to get his visa and re-enter as a resident.

If he overstayed his tourist visa, the same above applies, except that he might not need to leave the country to do AOS.

In either case, employment will be off the table because first and foremost, there will be very few employers that will consider his resume if he is out of status.