415 Michigan Ave., NE
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
e-mail
(202) 635-5810
Suite 150
Washington, DC 20017
202.635.2556
202.635.2649 fax
media inquiries:
(202) 635-5810
NOTE: This webpage
was launched June,
2006 and is still in early
development stages.
Please check back
frequently for updates.
Legalization Questions?
CONTACT Mirna Torres
was launched June,
2006 and is still in early
development stages.
Please check back
frequently for updates.
Legalization Questions?
CONTACT Mirna Torres
DISCLAIMER: This handout is not legal advice. It is for educational and informational purposes only. If you
know of someone who needs legal advice, advise him or her to consult either a licensed immigration attorney
or an accredited representative from a Board of Immigration Appeals (BIA) recognized agency. An
undocumented person should not seek legal advice from a notario or an “immigration consultant” who is not
accredited by the BIA.
PREPARE FOR LEGALIZATION NOW whole toolkit: html | doc | pdf
en espanol: doc | pdf
Many proposals are currently pending in Congress and many more will likely be introduced that would allow
certain undocumented persons to earn legal status in the United States. These proposals have not yet been
passed, and it may take a long time for any of them to become law. Still, Immigration service-providers are
advised to begin considering what implementation of legalization would require.
What is Legalization?
Legalization would allow undocumented immigrants to file an application for
legal immigration status in the United States.
Earned legalization is being considered by Congress currently. If it passes into law, undocumented immigrants
might be able to apply for temporary legal status in the United States. Then after a certain period of time in
temporary legal status, they could apply for lawful permanent residence.
Or, legislation might permit an undocumented person to apply to adjust from undocumented status directly to
lawful permanent residence. Because there is not yet a law on legalization, the exact pathway to permanent
residence in the United States is currently unknown.
Lawful Permanent Residents are “green card” holders. A green card permits an immigrant to work and reside
legally in the United States. It also allows travel to and from the United States. A certain time after receiving a
green card, an immigrant can apply to become a U.S. citizen.
How Should An Undocumented Foreign National Prepare NOW for Legalization?
Although no one knows if or when Congress will pass a legalization bill, the Catholic Church believes that in
order to gain lawful status under any legislation that passes, an undocumented immigrant will have to prove at
least three things:
(1) Identity
(2) Good moral character
(3) Physical presence or residency in the United States
Therefore, the Catholic Church in the United States recommends that undocumented immigrants start gathering
valid documentation NOW to prove their identity, that they have been living and working in the United States, and
that they have not been involved in certain criminal conduct while living in the
United States.
Gather all documentation and keep it in one secure location. It is a good idea to make clear copies of all
documents.
IDENTITY
Valid proof of their identity might include:
1) An expired or un-expired valid passport from your home country.
2) An original birth certificate (or a certified copy) from your home country.
3) Other valid photo identification issued by the home country, such as a matricula consular or other
document issued by any federal, state, or local government of the United States. (NOTE: Because an
undocumented immigrant runs the risk of being placed in removal (i.e., “deportation”) proceedings if s/he
comes to the attention of the U.S. government, undocumented immigrants should seek advice from a licensed
immigration attorney or a BIA-recognized agency before approaching a government agency to seek
documentation of identification).
BEWARE of people or agencies that offer to get immigration “papers” or “identification” for undocumented
immigrants. They might be obtaining fake identification documents and use of such documents could lead to
deportation! Obtain photo identification only through lawful methods, such as through your home government.
GOOD MORAL CHARACTER
It is very important that undocumented immigrants prove that they are people of good moral character.
Undocumented immigrants should gather documents proving that they have demonstrated “good moral
character” while living in the United States. While U.S. immigration law has no clear definition of “good moral
character,” the law does state that a person who has been involved in certain types of bad or criminal conduct
cannot be considered a person of good moral character. If a foreign national cannot prove that s/he has been a
person of good moral character, then it is unlikely that s/he would be able to obtain a green card through a
legalization program.
How does someone prove that they are a person of “good moral character”?
An undocumented immigrant can prove good moral character by showing:
• parental involvement in children’s schooling;
• payment of income taxes;
• emotional and financial support of family, and
• involvement in community, religious, and/or volunteer organizations.
Immigrant men who are at least 18 years of age and who have not yet reached their 26th birthday
should register with the U.S. Selective Service System. The U.S. government will look at whether the men
registered with the U.S. Selective Service System in order to determine their good moral character.
Involvement with the community, a church, congregation, mosque, or synagogue are additional examples of
good moral character. For example, undocumented immigrants should register at their local church.
PHYSICAL PRESENCE OR RESIDENCY IN THE UNITED STATES
Undocumented immigrants should start gathering documentation to prove when and how they physically arrived
in the United States and that they have lived in the United States as their primary home since arrival. They
should also start gathering documentation to prove that they have worked in the United States.
Some documentation to prove their arrival in the United States might be the bus or plane tickets used to travel to
the United States or the receipts for such tickets.
Undocumented immigrants should write out in chronological order, starting from the
date they first entered the United States:
• each address/place of residence in the United States and the dates of residence at each address;
• the name and address of each employer and the beginning and ending dates of employment at each job.
For example:
1234 Main Street, Any City, State, 12345 January 1998-March 2002
2345 Michigan Ave., Washington DC 20020 April 2002-present
-or-
ABC Employer, 110 First Street, Washington DC 20000 January 1998-March 2002
The Good Company, 230 Second Street, Arlington, VA 22222 April 2002-August 2005
Use the list that you create to begin to gather documentation to prove residence and employment for those time
periods.
Below is a list of documents that help prove residency in the United States. Make sure that they have your name
on them. You should gather as many of these documents as possible, make clear photocopies of them, and
store them in a safe place.
Paycheck stubs and payroll records
Lease/Rental agreements/ /or proof of security deposit payment
Birth certificates of children born in the United States
Marriage certificates if married in the United States
Divorce decrees if divorced in the United States
Dental, hospital, medical vaccination records and bills, and proof of payment
School records, awards, certifications, diplomas, pictures, yearbooks, etc. (from schools attended in the United
States)
Religious records such as baptism, confirmation and registration certificates
Immigration and Naturalization Service/Department of Homeland Security
Form I-94, arrival/departure record (if applicable)
Valid (expired or un-expired) passport with stamped date of admission into the United States (if applicable)
Proof of ownership of real estate (e.g., a home)
Proof of application for home loan and proof of paying-off home loan
Proof of purchase of an automobile and payments for automobile and car insurance
Automobile registration, car title, license receipts and Department of Motor Vehicle records
Insurance invoices, claims, policies and payment of insurance
Utility bills such as electricity, gas, heat, sewer, water, etc. and telephone bills
Credit card history in the United States (e.g., Sears card, etc.)
Social Security records
Record of payment of federal, state, and/or local taxes with W-2 forms
Union records
Bank records such as statements, cancelled checks and money order receipts
Selective Service registration card
Postmarked envelopes addressed to the foreign national here in the United States
Photographs of celebrations in the United States, preferably with dates marked on them
BOARD OF IMMIGRATION APPEALS (BIA) RECOGNIZED AGENCY
The federal government makes immigration laws. Federal immigration regulations specify who can represent
foreign nationals before the United States Department of Homeland Security and before the immigration courts.
The laws and regulations of a state or local government cannot authorize a person or agency to provide
immigration legal services.
In general, if a person is not a licensed immigration attorney and he or she wishes to represent a foreign
national before the immigration authorities, then:
1) he or she must work for a non-profit religious, charitable, social service organization.
2) the organization must be established in the United States and,
3) the organization must be certified by the Board of Immigration Appeals (BIA) as having adequate information,
knowledge and experience in immigration law. (for a roster of certified groups)
The Board of Immigration Appeals (BIA) is the administrative appellate court for immigration law in the United
States. It is located in Falls Church, Virginia.
The staff of a BIA-recognized agency must have a certain level of experience in and knowledge of immigration
law to be accredited by the BIA to provide immigration legal services. A BIA-Accredited Representative can
represent foreign nationals before the United States Department of Homeland Security and the immigration
courts.
Generally, notarios and immigration consultants, such as travel agents, are for-profit enterprises. They are in
the business of providing immigration legal services primarily to make money. They are not authorized to provide
legal services. They are not required to have adequate information, knowledge, and experience in immigration
law. They are generally not “non-profit” organizations and therefore cannot obtain recognition and accreditation
by the BIA.
CLINIC highly recommends that groups interested in doing legalization work pursue BIA certification. CLINIC staff
can help with this.
Beware of Notarios and Immigration Consultants who offer help filing applications with the government.
Many of these consultants have taken advantage of undocumented immigrants by filing applications on behalf of
undocumented foreign nationals without verifying whether the individual is actually eligible for the immigration
benefit. Congress has not yet passed any law that authorizes the legalization of undocumented people!! If a
person or business offers to file an application for legalization on behalf of an undocumented foreign national,
they may be putting that foreign national in danger of deportation.
We strongly suggest foreign nationals seek legal assistance only from a Board of Immigration Appeals (BIA)
recognized non-profit organization such as Catholic Charities or from a licensed attorney.
If a notario or immigration consultant advertises himself or herself as providing immigration legal services, then
request proof of their authorization under federal law to practice immigration law and verify whether the
consultant’s organization is recognized by the BIA.
To verify whether the BIA recognizes an organization and to verify whether the BIA accredited the staff of an
organization to practice immigration law, view the rosters of BIA-recognized agencies and accredited staff.
The BIA updates these rosters periodically.If an individual or an organization is not listed on the BIA roster of
recognized agencies and accredited staff, then the foreign national should take caution in seeking their legal
services.
To obtain more information on BIA recognition and accreditation, please visit the Web site of the United States
Department of Justice, Executive Office for Immigration Review (EOIR).
DISCLAIMER: This handout is not legal advice. It is for educational and informational purposes only. If you
know of someone who needs legal advice, advise him or her to consult either a licensed immigration attorney
or an accredited representative from a Board of Immigration Appeals (BIA) recognized agency. An
undocumented person should not seek legal advice from a notario or an “immigration consultant” who is not
accredited by the BIA.
know of someone who needs legal advice, advise him or her to consult either a licensed immigration attorney
or an accredited representative from a Board of Immigration Appeals (BIA) recognized agency. An
undocumented person should not seek legal advice from a notario or an “immigration consultant” who is not
accredited by the BIA.
PREPARE FOR LEGALIZATION NOW whole toolkit: html | doc | pdf
en espanol: doc | pdf
Many proposals are currently pending in Congress and many more will likely be introduced that would allow
certain undocumented persons to earn legal status in the United States. These proposals have not yet been
passed, and it may take a long time for any of them to become law. Still, Immigration service-providers are
advised to begin considering what implementation of legalization would require.
What is Legalization?
Legalization would allow undocumented immigrants to file an application for
legal immigration status in the United States.
Earned legalization is being considered by Congress currently. If it passes into law, undocumented immigrants
might be able to apply for temporary legal status in the United States. Then after a certain period of time in
temporary legal status, they could apply for lawful permanent residence.
Or, legislation might permit an undocumented person to apply to adjust from undocumented status directly to
lawful permanent residence. Because there is not yet a law on legalization, the exact pathway to permanent
residence in the United States is currently unknown.
Lawful Permanent Residents are “green card” holders. A green card permits an immigrant to work and reside
legally in the United States. It also allows travel to and from the United States. A certain time after receiving a
green card, an immigrant can apply to become a U.S. citizen.
How Should An Undocumented Foreign National Prepare NOW for Legalization?
Although no one knows if or when Congress will pass a legalization bill, the Catholic Church believes that in
order to gain lawful status under any legislation that passes, an undocumented immigrant will have to prove at
least three things:
(1) Identity
(2) Good moral character
(3) Physical presence or residency in the United States
Therefore, the Catholic Church in the United States recommends that undocumented immigrants start gathering
valid documentation NOW to prove their identity, that they have been living and working in the United States, and
that they have not been involved in certain criminal conduct while living in the
United States.
Gather all documentation and keep it in one secure location. It is a good idea to make clear copies of all
documents.
IDENTITY
Valid proof of their identity might include:
1) An expired or un-expired valid passport from your home country.
2) An original birth certificate (or a certified copy) from your home country.
3) Other valid photo identification issued by the home country, such as a matricula consular or other
document issued by any federal, state, or local government of the United States. (NOTE: Because an
undocumented immigrant runs the risk of being placed in removal (i.e., “deportation”) proceedings if s/he
comes to the attention of the U.S. government, undocumented immigrants should seek advice from a licensed
immigration attorney or a BIA-recognized agency before approaching a government agency to seek
documentation of identification).
BEWARE of people or agencies that offer to get immigration “papers” or “identification” for undocumented
immigrants. They might be obtaining fake identification documents and use of such documents could lead to
deportation! Obtain photo identification only through lawful methods, such as through your home government.
GOOD MORAL CHARACTER
It is very important that undocumented immigrants prove that they are people of good moral character.
Undocumented immigrants should gather documents proving that they have demonstrated “good moral
character” while living in the United States. While U.S. immigration law has no clear definition of “good moral
character,” the law does state that a person who has been involved in certain types of bad or criminal conduct
cannot be considered a person of good moral character. If a foreign national cannot prove that s/he has been a
person of good moral character, then it is unlikely that s/he would be able to obtain a green card through a
legalization program.
How does someone prove that they are a person of “good moral character”?
An undocumented immigrant can prove good moral character by showing:
• parental involvement in children’s schooling;
• payment of income taxes;
• emotional and financial support of family, and
• involvement in community, religious, and/or volunteer organizations.
Immigrant men who are at least 18 years of age and who have not yet reached their 26th birthday
should register with the U.S. Selective Service System. The U.S. government will look at whether the men
registered with the U.S. Selective Service System in order to determine their good moral character.
Involvement with the community, a church, congregation, mosque, or synagogue are additional examples of
good moral character. For example, undocumented immigrants should register at their local church.
PHYSICAL PRESENCE OR RESIDENCY IN THE UNITED STATES
Undocumented immigrants should start gathering documentation to prove when and how they physically arrived
in the United States and that they have lived in the United States as their primary home since arrival. They
should also start gathering documentation to prove that they have worked in the United States.
Some documentation to prove their arrival in the United States might be the bus or plane tickets used to travel to
the United States or the receipts for such tickets.
Undocumented immigrants should write out in chronological order, starting from the
date they first entered the United States:
• each address/place of residence in the United States and the dates of residence at each address;
• the name and address of each employer and the beginning and ending dates of employment at each job.
For example:
1234 Main Street, Any City, State, 12345 January 1998-March 2002
2345 Michigan Ave., Washington DC 20020 April 2002-present
-or-
ABC Employer, 110 First Street, Washington DC 20000 January 1998-March 2002
The Good Company, 230 Second Street, Arlington, VA 22222 April 2002-August 2005
Use the list that you create to begin to gather documentation to prove residence and employment for those time
periods.
Below is a list of documents that help prove residency in the United States. Make sure that they have your name
on them. You should gather as many of these documents as possible, make clear photocopies of them, and
store them in a safe place.
Paycheck stubs and payroll records
Lease/Rental agreements/ /or proof of security deposit payment
Birth certificates of children born in the United States
Marriage certificates if married in the United States
Divorce decrees if divorced in the United States
Dental, hospital, medical vaccination records and bills, and proof of payment
School records, awards, certifications, diplomas, pictures, yearbooks, etc. (from schools attended in the United
States)
Religious records such as baptism, confirmation and registration certificates
Immigration and Naturalization Service/Department of Homeland Security
Form I-94, arrival/departure record (if applicable)
Valid (expired or un-expired) passport with stamped date of admission into the United States (if applicable)
Proof of ownership of real estate (e.g., a home)
Proof of application for home loan and proof of paying-off home loan
Proof of purchase of an automobile and payments for automobile and car insurance
Automobile registration, car title, license receipts and Department of Motor Vehicle records
Insurance invoices, claims, policies and payment of insurance
Utility bills such as electricity, gas, heat, sewer, water, etc. and telephone bills
Credit card history in the United States (e.g., Sears card, etc.)
Social Security records
Record of payment of federal, state, and/or local taxes with W-2 forms
Union records
Bank records such as statements, cancelled checks and money order receipts
Selective Service registration card
Postmarked envelopes addressed to the foreign national here in the United States
Photographs of celebrations in the United States, preferably with dates marked on them
BOARD OF IMMIGRATION APPEALS (BIA) RECOGNIZED AGENCY
The federal government makes immigration laws. Federal immigration regulations specify who can represent
foreign nationals before the United States Department of Homeland Security and before the immigration courts.
The laws and regulations of a state or local government cannot authorize a person or agency to provide
immigration legal services.
In general, if a person is not a licensed immigration attorney and he or she wishes to represent a foreign
national before the immigration authorities, then:
1) he or she must work for a non-profit religious, charitable, social service organization.
2) the organization must be established in the United States and,
3) the organization must be certified by the Board of Immigration Appeals (BIA) as having adequate information,
knowledge and experience in immigration law. (for a roster of certified groups)
The Board of Immigration Appeals (BIA) is the administrative appellate court for immigration law in the United
States. It is located in Falls Church, Virginia.
The staff of a BIA-recognized agency must have a certain level of experience in and knowledge of immigration
law to be accredited by the BIA to provide immigration legal services. A BIA-Accredited Representative can
represent foreign nationals before the United States Department of Homeland Security and the immigration
courts.
Generally, notarios and immigration consultants, such as travel agents, are for-profit enterprises. They are in
the business of providing immigration legal services primarily to make money. They are not authorized to provide
legal services. They are not required to have adequate information, knowledge, and experience in immigration
law. They are generally not “non-profit” organizations and therefore cannot obtain recognition and accreditation
by the BIA.
CLINIC highly recommends that groups interested in doing legalization work pursue BIA certification. CLINIC staff
can help with this.
Beware of Notarios and Immigration Consultants who offer help filing applications with the government.
Many of these consultants have taken advantage of undocumented immigrants by filing applications on behalf of
undocumented foreign nationals without verifying whether the individual is actually eligible for the immigration
benefit. Congress has not yet passed any law that authorizes the legalization of undocumented people!! If a
person or business offers to file an application for legalization on behalf of an undocumented foreign national,
they may be putting that foreign national in danger of deportation.
We strongly suggest foreign nationals seek legal assistance only from a Board of Immigration Appeals (BIA)
recognized non-profit organization such as Catholic Charities or from a licensed attorney.
If a notario or immigration consultant advertises himself or herself as providing immigration legal services, then
request proof of their authorization under federal law to practice immigration law and verify whether the
consultant’s organization is recognized by the BIA.
To verify whether the BIA recognizes an organization and to verify whether the BIA accredited the staff of an
organization to practice immigration law, view the rosters of BIA-recognized agencies and accredited staff.
The BIA updates these rosters periodically.If an individual or an organization is not listed on the BIA roster of
recognized agencies and accredited staff, then the foreign national should take caution in seeking their legal
services.
To obtain more information on BIA recognition and accreditation, please visit the Web site of the United States
Department of Justice, Executive Office for Immigration Review (EOIR).
DISCLAIMER: This handout is not legal advice. It is for educational and informational purposes only. If you
know of someone who needs legal advice, advise him or her to consult either a licensed immigration attorney
or an accredited representative from a Board of Immigration Appeals (BIA) recognized agency. An
undocumented person should not seek legal advice from a notario or an “immigration consultant” who is not
accredited by the BIA.
LEGALIZATION PROJECT
RESOURCES FOR
NATIONAL PROGRAMS | LEGALIZATION | ADVOCACY | RELIGIOUS IMMIGRATION SERVICES | ADMINISTRATION & DEVELOPMENT | TRAINING & TECHNICAL SUPPORT
HOME | CONTACT US | E-MAIL LIST | DONATE NOW