It is very difficult. But it is not impossible, given the right circumstances. And that is what we do, help our clients to find the right circumstances that would allow them to immigrate to the United States.
What are “the right circumstances”?
The U.S. like any country, or individual, looks out for its own interests first, and yet still has a benevolent attitude to immigrants, since the US is itself a land of immigrants. If a foreigner for example, has a world famous reputation as a scientist, an engineer, the US welcomes them as an employee. Or if a person has a skill that is not available in the area in which the alien is living, then his application for a green card may be approved. Or, if an alien wishes to invest $500,000 to $1 mil, they and their family members might also be approved. This is very popular, and is often referred to as EB-5, or immigration investment. A person may also immigrate if they are transferred here from their home company in their home country to a subsidiary here in the United States.
Of course, there are certain family relationships that can lead to immigrating to the United States, such as marriage to a U.S. citizen, or being the parent or child of a U.S. citizen, for example.
At the same time the US as I said, can also be benevolent. If an alien was persecuted in their home country, they can apply for asylum or withholding of removal in the US. That means they can either receive a green card or be allowed to remain in the US without worrying about being deported. Or, if the alien has been here for a number of years and has conducted himself properly, no serious crimes, paid taxes, and even better, has immediate relatives who are US citizens or green card holders or if someone has already petitioned for the alien, they would have an even better chance to remain here. There are other forms of relief, some recently put in place, that gives assistance to young people who came here under age 16, or now not older than 31, or what is popular referred to as, “DACA.”
So the question of how can an alien obtain legal US status cannot be answered without getting all the facts that surround the alien. The solution is to consult a knowledgeable immigration law firm, give them all the facts and determine whether or not the alien qualifies.
Our office has handled many of all of these types of cases, whether they are business or family or asylum related applications, or helping others who have overstayed and find themselves in Immigration Court. Our job is to provide answers as to whether or not a person may qualify for any of these categories.