Don’t rely on ‘quick tricks’ to get legal - IMMIGRATION CORNER by Michael J. Gurfinkel

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.