How Can I Obtain a Green Card if I Entered the U.S. Unlawfully?

Section 245(a) of the Immigration and Nationality Act (INA) states that adjustment of status to obtain a green card is available to any eligible person who has been inspected and admitted into the United States. However, there are certain exceptions that may make it possible to obtain a green card even if you entered the United States unlawfully. Keep reading for more information and consult with a skilled New York City green card immigration lawyer for legal advice.

Can I Apply for a Green Card if I Entered the Country Illegally?

In general, an individual who entered the country illegally cannot apply or be eligible for a green card. First of all, applying for a green card while you are in the United States requires an adjustment of status. This process means that you must have been inspected and lawfully admitted at a port of entry and been issued some sort of legal status that can be adjusted to lawful permanent resident.

Additionally, unlawful entry can lead to inadmissibility, meaning that you are legally barred from receiving a green card unless you are granted a waiver. If you leave the country after being present illegally, you could face a 3-year, 10-year, or even permanent ban.

With that being said, there are exceptions to any rule. While unlawful entry can complicate the process of applying for a green card, it is possible under certain circumstances.

How Can I Obtain a Green Card if I Entered the United States Unlawfully?

U.S. immigration law states that a green card applicant is barred from adjustment of status if they have an unlawful status at the time of their filing. However, this bar does not apply to everyone. There are certain exceptions for immediate relatives of a U.S. citizen, applicants applying based on the Violence Against Women Act (VAWA), certain foreign doctors, and other special applicants.

One of the most powerful ways a person who entered the country illegally can apply for a green card is through INA § 245(i). This legislation allows individuals who have a qualifying family or employment petition filed on or before January 15, 1998, or April 30, 2001, if they were physically present in the U.S. on December 21, 2000, to legally apply for a green card.

Additionally, you may qualify for a green card through registry. This process offers a path to permanent residency for long-term undocumented immigrants who meet certain requirements, including:

Having entered the United States before January 1, 1972
Having resided in the United States continuously since the entry
Being a person of good moral character
Not being ineligible for naturalization
Not being deportable or inadmissible under Section 237(a)(4)(B) or Section 212(a)(3)(E) of the INA or as a criminal, procurer, other immoral person, subversive, violator of the narcotics laws, or alien smuggler

While these are possible options, consular processing with an unlawful presence waiver is one of the more standard routes for those who have entered the country illegally. You can request a waiver for your unlawful presence before exiting the country and attending an immigrant visa interview abroad. This could waive the 3- or 10-year bar so you can return to the U.S. legally as a permanent resident.

Immigration law can be overwhelming to navigate on your own. Secure the help of a skilled attorney at The Law Offices of Cheryl R. David for experienced counsel today.