How Can Undocumented Immigrants Get a Green Card?

By: Jarbath Pena Law Group, PA

If you're living in the U.S. without lawful immigration status, you might wonder if there's any legal path forward to becoming a permanent resident. The short answer? It's difficult—but not always impossible. Whether you overstayed a visa, entered the country without inspection, or have no immigration records at all, you may still have options to apply for a green card and eventually gain lawful permanent residence.

Understanding the path ahead—and the roadblocks in your way—is essential before taking the next step. The lawyers of the Jarbath Peña Law Group are here to assist you in gaining lawful status so you can remain in the country legally. Call us today to get started on your citizenship journey.

Can Undocumented Immigrants Get a Green Card?

Yes, in some cases, undocumented immigrants can get a green card. U.S. immigration law does provide limited pathways for individuals without lawful status to adjust their status and become permanent residents. However, these routes are often complex and depend heavily on your individual situation. Because of the specificity of these rules, it’s best to contact us so we can review the details of your situation and advise you on the best course of action.

Some of the most common ways undocumented immigrants can get a green card include the following.

Marriage to a U.S. Citizen

If you're undocumented but married to a U.S. citizen, you may be able to apply for a green card. However, the process depends on how you entered the U.S.

• Entered legally. If you initially entered the country legally but overstayed your visa, you can often adjust your status while still living inside the U.S.

• Entered unlawfully. If you entered the country illegally, you may need to leave the country and apply abroad through consular processing.

Family Sponsorship

You might qualify for a green card if you're the child, spouse, or parent of a U.S. citizen or green card holder. Immediate relatives of U.S. citizens receive special consideration and aren’t subject to yearly visa caps. 

Asylum or Refugee Status

If you're in the U.S. and fear returning to your home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum. After one year of asylum status, you can apply for a green card.

U Visa or VAWA Protection

If you've been the victim of a crime or abuse, you might qualify based on humanitarian grounds:

• U Visa—for victims of serious crimes who help law enforcement; or

• VAWA—for abused spouses, children, or parents of U.S. citizens or green card holders.

Both of these options allow you to eventually apply for a green card after meeting certain conditions. 

Special Programs

There are some special programs, such as DACA, that can help you get your green card. As previously stated, every situation is unique. Your attorney can look at your history, how you entered the country, and whether you've had any legal issues before deciding on the best course of action.

Can Undocumented Immigrants Apply for the Green Card Lottery?

Unfortunately, most undocumented immigrants are not eligible for the Diversity Visa Lottery, also known as the Green Card Lottery. One of the main requirements for entering the lottery is that you must be in lawful immigration status when you apply and be admissible to the U.S. under immigration law.

To qualify, you must:

• Be from a country with low rates of immigration to the U.S.;

• Meet education or work experience requirements; or

• Be able to legally adjust your status if selected.

  
  

If you're undocumented, you likely can't meet these criteria. Therefore, even if you win the lottery, you may be disqualified based on your unlawful presence.

Green Card Barriers

Even if you meet the basic eligibility criteria for getting a green card, there are several legal hurdles that can stand in your way. You’ll need to overcome these obstacles before you can adjust your status.

Unlawful Presence in the Country

If you've been in the U.S. without legal status for more than 180 days, you're subject to a re-entry bar once you leave the U.S. If you’ve been here illegally for at least 180 days but less than a year, you will be subject to a three-year bar to re-entry. If you’ve been here illegally for over a year, you will have to wait 10 years before you can re-enter the United States.

You may apply for a waiver of inadmissibility if you have a U.S. citizen or lawful permanent resident spouse or parent who would suffer extreme hardship without you. 

Entry Without Inspection "EWI"

If you entered the U.S. without being inspected by immigration officials (commonly called EWI or "Entry Without Inspection"), you typically can’t adjust your status while residing inside the U.S.

Therefore, you may need to leave the country and apply through consular processing from your home country. Alternatively, you can try to qualify for an adjustment of status if you had a family or employment petition filed on your behalf before April 30, 2001.

Other Immigration Violations

If you've used false documents, misrepresented facts, or violated other immigration laws, you may be considered inadmissible. Violations that would result in inadmissibility include the following:

• Fraud or misrepresentation,

• Re-entry after prior deportation, and

• Failing to attend immigration court.

  
  

You may be eligible for waivers in some cases, but they require thorough legal analysis and preparation.

Criminal Activity

Certain criminal convictions can disqualify you from receiving a green card, including:

• Crimes involving moral turpitude—such as theft, fraud, etc.;

• Drug offenses—such as possession, distribution, or trafficking; and

• Aggravated felonies—including murder or rape.

  
  

You may still be eligible for relief or waivers depending on the circumstances, but criminal history often adds complexity, and the rules are always changing. That is yet another reason to contact our firm. We stay up to date on the ever-evolving immigration rules and can advise you on the best course of action to achieve your desired result.

Final Thoughts

Getting a green card as an undocumented immigrant isn’t easy. You’ll face serious legal hurdles, and every case is different. But don’t let fear or uncertainty stop you from learning about your options. You may have more possibilities than you think—especially with the help of a knowledgeable immigration attorney.

Contact our firm to help understand your options and take your next steps. The Jarbath Peña Law Group is ready to help you do everything possible to get your green card and continue to live and work within the United States. Contact us to schedule your confidential consultation with us today.