Legalization Options for Romanians in the USA

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EN Translation 🇺🇸

Hello, I am Dana Bucin, a U.S.-based immigration attorney. Today, I would like to talk about the options for legalizing immigration status for Romanians who are in the U.S. without proper documentation. It is essential that you act quickly, as some of these options may soon disappear as a result of recent administrative changes. I know that many of you have been left without legal status for complex reasons, including a lack of access to competent legal expertise. However, it is important now to file any application for which you are eligible with the help of a qualified immigration attorney to begin the legalization process before the authorities intervene.

One of the methods available is the provisional pardon application, known as I-601A. This allows individuals who have been in the U.S. illegally to request forgiveness for this situation, provided that their spouse or parent is either a U.S. citizen or permanent resident, and can demonstrate that they would be extremely negatively affected by your deportation.

There is also the possibility of legalization through sponsorship by a US company for permanent residency based on the lack of qualified American labor.

There is also the DACA program. This provides temporary protection from deportation and allows for work authorization for those who arrived in the US as minors under the age of 16 before 2007. I recommend that those who have DACA consider obtaining another immigration status due to the possibility of losing this status soon.

Temporary work visas, such as H-1B visas, are viable options for returning to the US for those with DACA and anyone without legal status, even if the person would be subject to the 3 or 10 year ban upon leaving the US, which they can now serve on US soil upon returning on H-1B visa status.

People with serious medical conditions or parents of sick or disabled children may apply for temporary protection from deportation and work authorization.

The Deferral of Deportation Act (42B) may be an option for people who are facing deportation and can demonstrate a serious risk to their U.S. citizen or resident children if their parents are deported.

Abused individuals, whether spouses, children, or parents of U.S. citizens, may also apply for assistance under the VAWA - Violence Against Women Act.

Victims of human trafficking may be eligible for special visas, such as the T or U visa, which provide temporary protection and a chance to obtain permanent residency in exchange for cooperation with authorities.

People fleeing persecution in their home countries may also apply for asylum, which, if approved, will allow them to live and work in the U.S. and later apply for permanent residency.

For children who have been abused, abandoned, or neglected, Special Immigrant Juvenile Status (SIJS) may be a solution. This option paves the way for permanent resident status.

U.S. citizen children of immigrants who entered the U.S. illegally while serving in the U.S. military can apply for a parental authorization called Military Parole in Place, which forgives their parents for their illegal entry and allows them to obtain permanent residency without leaving the country.

Consulting an immigration attorney is essential to making informed choices and avoiding unauthorized assistance. Make sure the attorney you choose is licensed and understands federal law, which applies uniformly across the country, no matter where you are.

If you are arrested by ICE, it is vital to know the constitutional rights that everyone in the U.S. has, regardless of legal status, such as the right to a fair trial and protection from unreasonable searches. Even if they arrive at your home, ICE will need either your consent, probable cause, or a court order to arrest you, and a warrant signed by an ICE officer alone will not suffice.

When confronted by authorities, it is important to remain calm, not resist, or provide false information.

If you are asked to sign documents during an ICE arrest, it is wise to consult with an attorney before making any decisions. You have the right to contact an attorney at your own expense.

Additionally, it is recommended that you always carry valid immigration documents, but if you have a foreign passport without a valid visa, it could be used against you.

If you have children, inform the authorities that you are the primary caregiver for a child. This may influence their decision to release you.

It's important to have an emergency plan in place, be able to recall phone numbers from memory, and store your documents in a secure location. These are all helpful steps to take in preparation for the possibility of being detained by ICE.

Thank you! Feel free to contact me if you have any questions.