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DON'T RELY ON "QUICK TRICKS" TO GET LEGAL
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I have been in the United States since 1992. I know
that in order to get in legal status, there are a lot of rules,
laws, and requirements that I must meet and fulfill. But that
takes a long time, and I just can't wait any longer.
I want to find any kind of a "shortcut"
to getting legal, or a way to bypass all the rules and requirements
other people are supposed to follow. I already tried just about
every way to get legal: I applied for political asylum, by claiming
the NPA was after me, just so I can get work authorization; I
also tried amnesty (CSS/LULAC) by submitting papers showing I
had been in the United States before January 1982; I was thinking
of divorcing my wife and marrying a U.S. citizen, but the American
backed out on me.
Is there a quick and easy way to get "legal",
so I can get a greencard without having to comply with the law?
I have already spent thousands of dollars trying to get legal,
but still have nothing to show for it.
Very truly yours,
S.K.
Dear S.K.:
I have always stated to people that the best way
to "legalize" your status is to do it "legally".
Unfortunately, many people would rather spend more money, and
waste their time looking for "shortcuts" and "tricks"
instead of doing it right and legal from the start. There
are no tricks, shortcuts, or magic solutions to becoming legal.
It takes time, and you have to follow the rules.
In your case, you have been in the United States
for almost ten years. Had an employer petitioned you for a greencard
(through the process of Labor Certification), you could have,
long ago, received a real, legitimate greencard. (Labor Certification
now takes about 3 to 4 years, and you have already been in the
U.S. for almost ten years, with nothing to show for it.)
People are coming to my office for consultation,
because they have finally realized that if they want to get legal,
they must follow the rules and obey the laws.
Some people think that if they were originally able
to "get away with" fooling the INS or Embassy, they
are already "vested" with the immigration benefit they
obtained through fraud or misrepresentation. For example, some
people applied for political asylum, by claiming the NPA was persecuting
them. They were able to get a work authorization, and somehow
convince themselves that they were lawfully entitled to continually
renew that work authorization. Imagine their surprise when INS
reviews their "story" of persecution in detail, finally
interviews them, and puts them in deportation.
Even if you obtained an immigration benefit to which
you were not entitled (i.e. got a greencard through fraud or misrepresentation),
the misdeed may later haunt you, either when you apply for naturalization
and/or when you try to bring your family from the Philippines.
Then, your own case is "reopened". If you weren't caught
when you originally obtained your papers, you could be caught
if you keep trying to "push your luck".
My advice is to quit wasting your time in looking
for shortcuts. The time has finally come where you have to accept
the fact that the only way to legalize your status is to do it
legally. This is all the more important with the April 30, 2001
deadline for Section 245(i). In order to avail of that law (which
would enable a person who was out of status, worked without authorization,
jumped ship, snuck across the border, etc., to eventually be interviewed
in the U.S., instead of the Philippines), it is required that
you have an approvable and "properly filed" family
petition or Labor Certification Application filed before April
30, 2001 deadline. If you rely on tricks or shortcuts (and/or
there was fraud in your case), your case may not considered as
"approvable when filed" by INS, thereby losing out on
preserving your Section 245(i) eligibility and any hopes of getting
a greencard in America.
That is why it is important that you seek the assistance
of a reputable attorney, who can thoroughly analyze your case,
advise you of your various options, risks and benefits, and guide
you as to the proper way to comply with the law. Believe me, that
will be a lot faster and wiser than wasting your life in the U.S.
looking for a "shortcut" to legalization.
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