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Even though the transaction may have already happened in substance, it’s important to find out what the other legal consequences may be, so that steps can be taken to mitigate the risks.These two general areas mean that some legal due diligence should be carried out to identify and address areas for corrective action.Documenting a transaction which has not yet happened In other cases, it may not be possible to say that the relevant transaction has already taken place – but you may still want to achieve a ‘backdated’ effect.In this situation, it may be possible to put in place an agreement now, with a historic ‘effective date’.Documenting a transaction which has already happened One possible scenario is that the relevant transaction has already happened, but just hasn’t been documented yet.For example, there may have been a transfer of trade from one group company to another on a particular date.You might qualify for a “waiver,” (legal forgiveness) allowing you to reenter the United States right away after your consular processing interview, but this waiver is hard to get. If you serve honorably and on active duty with the U. Armed Forces during one of the wars or conflicts named below, the law allows you to apply for U. See the USCIS website ( for details and the list of currently eligible countries.You would need to prove that your being denied the immigrant visa (green card) would cause extreme hardship to one or more of your U.
There are some cases where this approach is not possible. We briefly describe the most likely possibilities below, but you should see an attorney for further help. An immediate relative is theoretically eligible for a U. green card just as soon as you can get through the application process.The exception is if you are covered by some very old laws (get a lawyer to analyze this). There is one last hope for people who cannot adjust status based on marriage to a U. citizen or permanent resident: You can attend the interview for your green card (which is the last step in the application process) at an overseas U. consulate in your home country (called “consular processing”). You’ll definitely need a lawyer’s help in this situation. You’ll need to show that you have been persecuted, or fear future persecution, in your home country, based on your race, religion, nationality, political opinion, or membership in a particular social group.However, at that point the consulate could penalize you for your illegal U. stay, with a time bar on returning to the United States. If you haven’t yet been in the United States illegally for six months or more, you might want to leave right away in order to make use of the consular processing possibility. territory, such as the Canal Zone, American Samoa, Swains Island, or a noncommercial U. The process involves submitting USCIS Form I-589, together with detailed documentation of your membership in the group that you claim and the persecution that you faced or fear. (If denied, you could be deported, unless you can show that you would likely face torture upon return.) If you come from a country that has recently had a civil war, environmental or natural disaster, or other trouble that makes it unsafe for its citizens to return there, the United States might offer what’s known as Temporary Protected Status or “TPS.” This is not a green card, nor does it lead to a green card.The penalty is either to spend three years outside the United States if you stayed in the U. illegally for six months (180 days) or more; or to spend ten years outside the United States if you stayed in the U. If you have already spent more than six months in the United States illegally, then talk to an immigration lawyer. You don’t have to go through the usual step of applying for a green card first. If you are granted asylum, you can apply for a green card one year after your approval, and for U. However, TPS would allow you to stay in the United States legally for a set amount of time (maximum 18 months), and to receive a work permit while you’re here.