If you’re facing challenges in the U.S. immigration process, you don’t have to face them alone. At Eusebio Law, PA , we specialize in helping individuals who qualify for a range of immigration benefits. Whether you’re seeking asylum, protection under VAWA, or need to overcome barriers like unlawful presence or criminal history, we are here to guide you through the complex system.
We’ll ensure you understand whether you can adjust your status to lawful permanent resident (LPR), whether you can eventually apply for U.S. citizenship, and how Entering Without Inspection (EWI) might affect your chances. Together, we’ll clear the path forward.
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Becoming a U.S. citizen is a significant milestone, and the process of naturalization allows lawful permanent residents (Green Card holders) to fully integrate into American society.
Eligibility for U.S. Citizenship:
No Renewal Needed: Citizenship is permanent and not tied to visa status.
If you’re ready to take the next step and become a U.S. citizen, schedule your consultation today to understand how we can help you navigate the process!
Asylum: A Safe Haven in the U.S.
What it is:
Asylum is a form of protection available to individuals who have suffered persecution or have a well-founded fear of persecution in their home country. This could be due to race, religion, nationality, political opinion, or membership in a particular social group.
Pathway to LPR/Citizenship:
Once granted asylum, you can apply for Adjustment of Status (AOS) after one year. Once you’re a permanent resident, you may eventually apply for U.S. citizenship.
Impact of EWI:
Asylum applicants can apply for asylum and, if granted, Adjustment of Status without triggering the bars for unlawful presence, even if they entered without inspection (EWI). This makes asylum an important option for individuals who may have entered the U.S. without authorization.
U Visa: Protection for Victims of Crime
What it is:
The U Visa is available to victims of certain crimes who are helping law enforcement with investigations or prosecutions. It allows victims to remain in the U.S. legally while they cooperate with authorities.
Pathway to LPR/Citizenship:
The U Visa provides temporary status for up to four years, and after three years, U visa holders can apply for Adjustment of Status to become a lawful permanent resident (Green Card holder). After five years of being a permanent resident, you can apply for U.S. citizenship.
Impact of EWI:
U Visa applicants who entered the U.S. without inspection may still be eligible for the U Visa and later adjust their status without triggering the unlawful presence bars, as long as they are otherwise eligible.
VAWA (Violence Against Women Act): Protection for Victims of Abuse
What it is:
The VAWA self-petition allows individuals who have been victims of abuse (spousal or parental) to apply for legal status in the U.S. without relying on the abusive spouse or parent. It applies to both men and women who are suffering from domestic violence.
Pathway to LPR/Citizenship:
If you qualify for VAWA relief, you can apply for Adjustment of Status after approval of your VAWA petition, leading to a Green Card. After being a permanent resident for a certain period, you may apply for U.S. citizenship.
Impact of EWI:
If you entered the U.S. without inspection, VAWA self-petitioners may still be eligible to adjust their status to lawful permanent resident without triggering the bars for unlawful presence, as long as they meet the other eligibility requirements.
T Visa: Protection for Victims of Human Trafficking
What it is:
The T Visa is designed for individuals who are victims of human trafficking. This visa provides temporary protection to victims while they assist law enforcement in investigating and prosecuting the traffickers.
Pathway to LPR/Citizenship:
After being on the T Visa for three years, you can apply for Adjustment of Status to become a lawful permanent resident, and eventually, apply for U.S. citizenship.
Impact of EWI:
The T Visa is available to individuals regardless of whether they entered the U.S. without inspection. Like the U Visa, victims of trafficking are not barred from applying for status adjustments even if they entered unlawfully.
Special Immigrant Juvenile Status (SIJS): Protection for Vulnerable Children
What it is:
SIJS is for children under 21 who have been abused, abandoned, or neglected by one or both parents. It allows children who are in the custody of the state to apply for a Green Card.
Pathway to LPR/Citizenship:
Once granted SIJS, the child can apply for a Green Card and later apply for U.S. citizenship after meeting the residency requirements.
Impact of EWI:
Children applying for SIJS are not penalized for entering the U.S. without inspection. They can apply for a Green Card regardless of their entry status, and their application for SIJS is independent of their immigration history.
DACA (Deferred Action for Childhood Arrivals): A Second Chance for Dreamers
What it is:
DACA provides protection from deportation and allows work authorization for individuals who were brought to the U.S. as children and meet certain criteria. DACA gives Dreamers a temporary reprieve while they explore long-term immigration options.
Pathway to LPR/Citizenship:
DACA does not provide a direct pathway to a Green Card or citizenship, but it allows for temporary protection and employment authorization. Individuals with DACA may be eligible for a Green Card through other means, such as family-based immigration.
Impact of EWI:
Individuals with DACA may have entered the U.S. without inspection, but DACA provides protection from deportation and a work permit. However, DACA does not, by itself, allow for adjustment of status to permanent residency, though it can provide time for individuals to apply for other forms of relief.
If you or a loved one is facing challenges in U.S. immigration, we are here to help. Contact Eusebio Law today to schedule a consultation and learn more about the relief options available to you.
Fill out the form below or call 305-492-7775 to speak with an immigration expert. Let’s make your family reunion a reality.
Immigration Relief Highlights:
