Key Takeaways:
- You may still have legal options, even if you entered the U.S. without a visa or overstayed.
- Common relief includes marriage-based waivers, asylum, U visas, and protections for crime victims.
- A criminal charge like driving without a license can trigger immigration consequences—but doesn’t mean deportation is automatic.
- The sooner you act, the more options you may have to protect your rights and your future.
Entry Without a Visa: What It Means
If you entered the U.S. without a visa—often by crossing the border without inspection—you are considered “undocumented.” This can limit access to immigration benefits, but it doesn’t mean you’re without hope.
You may still qualify for:
- Marriage-based waivers (I-601A)
- U visas (for victims of crime)
- Asylum (if you fear persecution)
- VAWA protection (if you’ve suffered abuse)
In many cases, fixing your status will require leaving the country for a visa interview. But with the right waiver and legal help, that process can be done safely and legally.
What If I Overstayed My Visa?
If you entered legally but stayed past the expiration date on your visa, you’re still considered “out of status.” However, overstaying often leaves more options open—especially if you:
- Are married to a U.S. citizen
- Have U.S. citizen children
- Qualify for asylum or humanitarian relief
The biggest risk? Waiting too long. Overstaying more than 180 days can trigger a 3-year or 10-year ban if you leave the U.S. An experienced attorney can help you explore options to fix your status without triggering that bar.
Can Marriage to a U.S. Citizen Fix My Status?
Marriage to a U.S. citizen is one of the most common ways to get a green card—but it’s not automatic, especially if:
- You entered without a visa
- You have a criminal record
- You’ve already been ordered deported
You may need a Provisional Waiver (Form I-601A) to avoid harsh penalties when applying abroad. We help couples build strong waiver packages that show the government why your U.S. citizen spouse would suffer extreme hardship without you.
Humanitarian Relief: Asylum, VAWA, and U Visas
If you’ve been harmed or fear harm, you may qualify for protections like:
- Asylum, if you fear persecution in your home country based on race, religion, politics, or other protected grounds.
- U Visas, if you were a crime victim and helped police.
- VAWA, if you were abused by a U.S. citizen or green card holder spouse or family member.
These applications are powerful—and complex. But they can lead to lawful status, work permits, and eventually a green card.
Am I at Risk If I Was Arrested or Got a Ticket?
In Georgia, many undocumented immigrants are charged with:
- Driving without a license
- DUI
- Drug possession
Any of these can trigger an ICE hold, even for a minor offense. But that doesn’t mean you’ll be deported.
Our criminal defense team defends immigrants in counties like Fulton, Cobb, Clayton, and Gwinnett every day—and helps avoid immigration consequences wherever possible. We also partner with trusted immigration attorneys to support your case from both sides.
Why Timing and Legal Help Matter
Immigration law is full of deadlines, bars, and hidden traps. The earlier you speak to an attorney, the better your chances of:
- Avoiding the 3- or 10-year reentry bars
- Filing applications before deadlines expire
- Preventing criminal charges from affecting your status
If you have no status right now, you still have rights. You just need the right legal team to help you navigate them.
Talk to Hines Law Today
At Hines Law, we serve Georgia’s Hispanic community with pride, compassion, and real legal answers. Whether you’re in Atlanta, Gainesville, Dalton, Marietta, Austell, or Jonesboro—we’re here for you.
Our team is bilingual. We listen. And we never judge.
Call us at 678-904-8420 or contact us online for a confidential consultation today.
Your immigration status may be complicated—but your access to legal help shouldn’t be.