Clear some hurdles on legal path
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.