- 19-Apr-2025
- Healthcare and Medical Malpractice
Being in the U.S. illegally complicates the process of applying for a Green Card, but there are certain legal pathways available for individuals in this situation. While the process can be challenging, some individuals may still have options to adjust their status or apply for permanent residency.
If you are an immediate relative of a U.S. citizen (spouse, parent, or unmarried child under 21), you may be eligible to apply for a Green Card through Adjustment of Status without leaving the U.S.
You must have entered the U.S. legally or meet specific exceptions for individuals who entered illegally. If you have overstayed your visa or entered without inspection, you could still apply for a Green Card if you are eligible under certain family-based petitions.
If you have been unlawfully present in the U.S. for more than 180 days but less than one year and are eligible for a family-based Green Card, you may apply for a provisional waiver of unlawful presence before leaving the U.S. for consular processing.
The waiver temporarily forgives the unlawful presence, which allows you to avoid the 3-year or 10-year ban on reentry after leaving the U.S.
If you are already in deportation proceedings, you might be eligible to apply for cancellation of removal under certain conditions:
If approved, this can lead to permanent residency (a Green Card).
If you are married to a U.S. citizen, or if your U.S. citizen or permanent resident relative files a family-based petition for you, you may have the option to adjust your status, but only if you entered the U.S. legally or qualify for an exception.
If you are from a country designated for Temporary Protected Status (TPS) due to war, natural disasters, or other conditions, you may apply for a Green Card under the Adjustment of Status process. This is a temporary measure, but it may provide a pathway to permanent residency in certain circumstances.
If you are a DACA recipient, you may be eligible to apply for a Green Card if you have a qualifying family member who can sponsor you. While DACA status does not grant a Green Card directly, it can open pathways for adjustment of status under family-based petitions or through a U.S. citizen spouse or parent.
In certain situations, individuals who are in the U.S. illegally may be able to apply for a Green Card through an employment-based petition, especially if an employer is willing to sponsor them. However, this may require departing the U.S. and applying through consular processing, and unlawful presence may complicate the process.
If you have overstayed your visa or entered the U.S. without inspection, you may face serious consequences, including bars on reentry for several years (3-year bar for unlawful presence of more than 180 days but less than a year, and 10-year bar for more than a year).
You may need to apply for a waiver of unlawful presence, which can be difficult to obtain and requires showing that your U.S. citizen or permanent resident family member would suffer extreme hardship.
If you apply for a Green Card while in the U.S. illegally, you may trigger deportation proceedings if USCIS discovers your unlawful status.
Consulting an immigration attorney before starting the process is critical to avoid triggering unwanted consequences.
In many cases, individuals who are in the U.S. illegally may need to leave the country to complete their Green Card application through consular processing at a U.S. embassy or consulate in their home country.
However, leaving the U.S. can trigger the 3- or 10-year bars for reentry if you have been unlawfully present for a significant period.
Some relief programs like DACA or TPS may not be available to everyone, and not all countries are eligible for TPS.
Eligibility for these programs is specific, and individuals outside these categories may find it harder to apply for a Green Card.
Ana, who entered the U.S. illegally many years ago, marries a U.S. citizen. Despite her illegal entry, Ana can apply for a Green Card through Adjustment of Status if she meets the eligibility requirements. Her husband files a petition for her, and she attends her interview with USCIS. She is granted a Green Card through her marriage, though she faces challenges due to her unlawful presence.
Given the complexity of applying for a Green Card while in the U.S. illegally, seeking legal guidance from an experienced immigration lawyer is crucial. They can help navigate the waiver process, avoid potential pitfalls, and guide you through deportation defense if necessary.
If you need a waiver for unlawful presence, an attorney can help you present the necessary evidence to support your case, increasing the likelihood of approval.
If you are in the U.S. illegally, applying for a Green Card is possible but requires navigating complex legal processes. While there are pathways such as Adjustment of Status, provisional waivers, and family-based petitions, challenges like unlawful presence, deportation risks, and consular processing can complicate the process. Legal advice and proper preparation are essential to increase the chances of success.
Answer By Law4u Team
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