With the inauguration of Donald Trump, the crackdown on undocumented immigrants in the United States has intensified. How, then, can undocumented immigrants achieve legal status in the U.S.?
The first pathway is applying for political asylum, which is primarily intended for foreign nationals within the United States who have suffered persecution or fear future persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. To obtain permanent residency through this method, one must prove that they have been persecuted or threatened in their home country.
The second pathway is applying for "Cancellation of Removal" relief. This pathway requires meeting the following conditions: having been physically present in the United States for a continuous period of at least ten years; maintaining good moral character during the period of residence in the U.S.; and not having been convicted of offenses restricted by immigration law (this includes certain crimes involving moral turpitude, controlled substance violations, and certain aggravated felonies). Additionally, one must prove that their removal would result in "exceptional and extremely unusual hardship" to their spouse, parent, or child who is a U.S. citizen or a lawful permanent resident. For abused spouses and children, it is only necessary to prove that removal would result in "extreme hardship." It is important to note the calculation of the ten-year period in the first condition: once an undocumented individual enters immigration court proceedings, their subsequent time in the U.S. no longer counts toward the ten-year requirement.
The third pathway is marriage to a U.S. citizen or a lawful permanent resident. The U.S. government does not subject permanent residency applications for spouses of U.S. citizens to immigration quotas, provided that the spouse entered the country legally and the citizen has sufficient financial income to support their spouse; an application can be filed regardless of the spouse's current legal status. Marriage to a lawful permanent resident also allows for an application for permanent residency, though it is subject to immigration quotas and involves a longer waiting period.
The final pathway is particularly advantageous for undocumented immigrants with specialized skills: having an employer apply for a "Labor Certification" to help them adjust their status. As long as the employer is willing and able to obtain a "Labor Certification," and the undocumented employee filed an approvable labor certification or family-based immigration petition on or before April 30, 2001, they may use this to apply for permanent residency. Having legal status in the U.S. does not affect a foreign national's eligibility to apply for a labor certification.