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What is Amnesty in Immigration?

What is Amnesty in Immigration - Wisconsin Immigration Lawyer

By Carlos Gamino

If you’re like many people considering immigrating to the U.S., it may be in your best interest to talk to a Wisconsin immigration lawyer who understands how to help you. Whether you need an abused spouse petition, help with DACA, or something else, your immigration attorney can file the appropriate paperwork and explain the entire process to you.

But what if you need amnesty?

What is Amnesty in Immigration?

Amnesty, at least in terms of immigration, is the term the government uses to pardon an immigrant for violating policies related to immigration or immigration laws.

The U.S. has between 12 and 20 million people living within its borders who have violated these policies or laws and who may be able to qualify for amnesty.

Amnesty means that an undocumented immigrant would be permitted to stay in the U.S. and would be granted lawful resident status.

Why Do People Need Amnesty?

Immigrants who have violated immigration laws need amnesty or they face removal (removal is the newest term for deportation).

You could face removal if you:

  • Applied for immigration benefits but they’re denied
  • Have been convicted of certain crimes
  • Have deliberately or accidentally overstayed a visa
  • Entered without an immigration inspection
  • Committed marriage fraud
  • Assisted another alien in entering the U.S. in violation of the law

The Obama Administration’s Immigration Accountability Executive Action attempted to shift focus from deporting families to deporting felons. However, the Supreme Court upheld a Texas court’s ruling that the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) be put on hold—but only because they ruled in a 4-4 tie.

What Happens if You Don’t Get Amnesty?

Those who don’t get amnesty or find another way to pursue a legal path toward residency face removal proceedings.

Removal hearings are part of a civil process resulting in the formal removal of a noncitizen who is found to have violated U.S. immigration law. Typically, removal is ordered by a judge; you have the opportunity to file an administrative appeal, which your Wisconsin immigration lawyer can do for you.

Do You Need a Milwaukee Immigration Attorney?

If you need amnesty or you’re facing removal, it’s a good idea to get in touch with a Milwaukee immigration attorney who understands your situation and can help you get the best possible outcome.

Call us right away at 414-383-6700; if it’s easier, get in touch with us online. We may be able to help you with your amnesty petition so you can avoid removal from the U.S. 

Carlos Gamino

By |2021-07-27T19:35:59-05:00November 23rd, 2019|Immigration Law|Comments Off on What is Amnesty in Immigration?

How to Get Temporary Protected Status

How to Get Temporary Protected Status - Wisconsin Immigration Attorney

By Carlos Gamino

Given to qualified individuals of designated countries, temporary protected status is a type of temporary immigration status that allows beneficiaries to remain in the U.S. for a pre-designated length of time.

However, if the U.S. Citizenship and Immigration Services grants you TPS, be aware that is not the same as permanent resident status. You can’t become a citizen unless you meet the criteria and file the appropriate paperwork to apply; even then, your TPS status does not guarantee that you’ll be granted citizenship.

When your temporary protected status terminates, your immigration status returns to what it was before the USCIS granted you TPS.

Are You Eligible for Temporary Protected Status?

The USCIS uses specific criteria to determine if you qualify for temporary protected status. Not everyone meets the criteria, but you may be eligible for other forms of amnesty if the USCIS chooses not to grant you TPS.

You may qualify for TPS if:

  • An armed, ongoing conflict is occurring in your country that would make it dangerous for you to return home
  • Your state or country has asked the U.S. to offer TPS designation to its immigrants because it is suffering a serious environmental disaster that has disrupted basic living conditions
  • Other temporary but catastrophic conditions have happened in your state or country that prevent you from returning and living safely

In addition to meeting one of these conditions, you must have lived in the U.S. since the Secretary of Homeland Security designated your country for TPS or renewed its designation.

The USCIS can grant temporary protected status for at least 6 months and not more than 18 months.

Many people find that it’s better to work with a Milwaukee immigration lawyer than to spend a significant amount of time submitting documents, navigating complex immigration laws and waiting for a determination from the USCIS. It can be an arduous process for someone not familiar with U.S. laws and legal customs.

Work Permits and Traveling Outside the U.S. on TPS

Once USCIS approves your TPS application, you can request and receive authorization to work legally in the U.S. However, you may not travel abroad. You must remain in the U.S. to maintain your status.

If the USCIS denies your TPS request, you may be able to appeal the decision. Your lawyer will walk you through the process and help ensure that everything goes smoothly during your application and beyond.

By |2021-07-30T17:37:00-05:00November 20th, 2019|Immigration Law|Comments Off on How to Get Temporary Protected Status

What is Amnesty in Immigration?

What is Amnesty in Immigration - Attorney Carlos Gamino

By Attorney Carlos Gamino

Many people immigrating to the United States come under humanitarian programs, such as asylum, temporary protected status, or as a victim of human trafficking or other crimes. However, amnesty is a little different.

Amnesty is defined as a governmental pardon for violating immigration policies. It includes the federal government forgiving people for using false documentation (like Social Security numbers, ID cards or driver’s licenses) to get a job in the U.S. and to continue to remain in the country. It allows undocumented aliens to gain permanent residency in the U.S.

What Are the Chances of Getting Amnesty?

There are currently between 10 million and 12 million – maybe more, maybe fewer – undocumented immigrants living in the U.S. right now.

However, the last time a U.S. president covered amnesty was in 1986, when then-president Ronald Reagan signed the Immigration Reform and Control Act. The legislation’s sponsor, Sen. Alan Simpson, R-Wyo., wrote to Reagan: “The work to be done is to avoid seeing this nation populated with a furtive illegal subclass of human beings who are afraid to go to the cops, afraid to go to a hospital … or afraid to go to their employer.”

When Reagan signed the act, he said, “The legalization provisions in this Act will go far to improve the lives of a class of individuals who now must hide in the shadows, without access to many of the benefits of a free and open society. Very soon many of these men and women will be able to step into the sunlight and ultimately, if they choose, they may become Americans.”

The legislation was tremendously successful, but today, with all the political polarization surrounding immigration – and particularly undocumented immigrants – it’s not the same.

Often, Milwaukee immigration attorneys don’t have any means to help undocumented immigrants. While there are some options, such as applying for asylum or asking to be part of another humanitarian program, the legal avenues just aren’t there.

Do You Need Legal Advice on Immigration?

If you want to immigrate to the U.S., you could benefit from talking to a Milwaukee immigration attorney. We may be able to help you follow the U.S. Citizenship and Immigration Services’ paths for immigration. Call us at 414-383-6700 today.

Attorney Carlos Gamino

By |2021-08-08T13:33:38-05:00October 18th, 2019|Immigration Law|Comments Off on What is Amnesty in Immigration?

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