Many immigrants do not realize that they can have a major role in the success of a family member’s immigration process. Often permanent residents or citizens do not even realize they have the ability to help family members, but there are three main ways: direct immigration sponsorship (green card), financial sponsor and personal reference assistance. The amount of assistance that qualifying family members can provide is invaluable and, quite often, critical to successful approval.
Individuals who have been involved in the immigration process for years are already aware of the impact they can have on the immigration process for their family members, but still might not know what they can specifically do to help or what benefits their family members qualify for. Almost universally, immigrants and family members are completely unaware of how different forms of immigration relief relate to one another.
Specifically, I have a client with two sons who both received DACA approval within the last year. As a permanent resident, she asked me whether she could still sponsor them for a green card since they had already been approved for immigration benefits or if applying for this benefit would be considered “scamming” the government or illegal.
Applying for multiple benefits is in no way inappropriate or illegal. Qualifying for one benefit does not invalidate your ability to obtain another type of benefit. The key is that immigrants are only able to hold one status at a time. So, the decision as to what benefit to apply for is very important because some benefits are temporary in nature, while others are more long–term. DACA and TPS status are two of the most common temporary benefits that immigrants can later replace with more permanent solutions such as permanent residency.
Another frequent question about family immigration is whether someone’s wife/husband, who has a deportation order, can still be sponsored for immigration benefits. This is a little trickier to answer because it depends so much on the facts of the case. Strictly speaking, the answer is “yes”. Anyone who is eligible for sponsorship by a family member for immigration benefits can file with Immigration Services regardless of their immigration history. The problem is whether they can actually get approved to receive the immigration benefit. There are ways in which even a previous deportation can be overcome and the applicant can receive legal status. How can this be done? To answer this, you must contact an experienced immigration attorney to discuss the facts of the case. Make sure you bring all the relevant information and documents so that he can give you a thorough evaluation and recommendation.