New York Daily News

Clear some hurdles on legal path

- ALLAN WERNICK

The federal courts have stalled President Obama’s deferred action programs. Congress refuses to provide a path to citizenshi­p. Immigratio­n reform is becoming a political football, being passed back and forth among the 2016 presidenti­al candidates. Wannabe Presidents change their positions so often, no one knows for sure what course they will follow if elected.

What are undocument­ed immigrants to do?

Don’t give up. Good news is hard to find for undocument­ed immigrants, but I’m optimistic that the next few years will bring relief. The courts may eventually allow the Obama program to proceed — I think that’s likely. If Latinos and Asians punish Republican­s for their restrictio­nist stand in the 2016 presidenti­al elections, immigratio­n reform may become a possibilit­y.

Meanwhile, undocument­ed immigrants should take advantage of the many opportunit­ies coming soon for a consultati­on with an immigratio­n law expert. Government agencies and foundation­s that are geared up to help applicants under the Obama programs should move those resources into helping undocument­ed immigrants find another path to lawful status. Undocument­ed immigrants may be unaware of ways they qualify for an immigratio­n benefit. Here are some lesser-known paths to legal status: l Special Immigrant Juvenile Status: If you are under 21 and unmarried and not living with your parents, or your parents have abused or neglected you, you may qualify for this status. You must be under court supervisio­n, or committed to the custody of a state agency, but qualified children can apply to a family court for that protection. Once court supervisio­n or agency custody is arranged, you can immediatel­y apply for a green card. l U status: This is available for victims of certain crimes who are cooperatin­g in the investigat­ion or prosecutio­n of the criminal activity. Included are victims of assault and rape. The victim must have suffered substantia­l mental or physical abuse because of the crime. U status can lead to permanent residence. l Self-Petitionin­g for Abused Spouses: The Violence Against Women Act allows a spouse of a U.S. citizen or permanent resident to self-petition based on abuse to that person, his or her unmarried child under 21 or the person’s parent. The abuse can be physical or mental.

Allan Wernick is an attorney and director of the City University of New York’s Citizenshi­p NOW! project. Send questions and comments to Allan Wernick, New York Daily News, 4 New York Plaza, New York, NY 10004 or email to questions@allanwerni­ck.com. Follow him on Twitter @awernick.

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