Can You Really Get a Green Card if You’re Undocumented? YES!

If you’re undocumented and living in the United States, you might feel like getting a green card is an impossible dream. However, there are pathways available. While the process can be complex, there are legal avenues for many undocumented immigrants to obtain lawful permanent residency (a green card). Below, we outline the most important ways this can happen, without any unnecessary jargon.

1. Family-Based Immigration

One of the most common routes to a green card for undocumented individuals is through a family petition. If you have a close family member who is a U.S. citizen or lawful permanent resident, they can sponsor you.

Eligible family members include:

• U.S. citizen spouse
• U.S. citizen parents (if you are under 21)
• U.S. citizen children (if you are over 21)
• U.S. citizen siblings (though this process can take longer)

However, being undocumented complicates things. If you entered the U.S. without inspection (without permission or on a visa that has since expired), the law often requires you to return to your home country to process your green card application. Leaving the U.S. can trigger a 3 or 10-year bar on re-entry, but some waivers can help you avoid this penalty.

2. Waivers for Unlawful Presence (I-601A Waiver)

If you need to leave the U.S. to get your green card, you might be worried about the penalty for unlawful presence. The I-601A waiver, also known as the Provisional Unlawful Presence Waiver, allows certain immigrants to apply for a waiver before leaving the country.

Key requirements for the I-601A waiver:

• Proof that your absence would cause “extreme hardship” to a U.S. citizen or lawful permanent resident spouse or parent.
• You must be the immediate relative of a U.S. citizen or lawful resident.

The waiver doesn’t guarantee a green card, but it significantly reduces the risks involved in the process.

3. Adjustment of Status for Certain Individuals

If you entered the country legally but later became undocumented (for example, overstaying a visa), you may be eligible for adjustment of status. This allows you to apply for a green card without leaving the U.S., avoiding the 3 or 10-year bars.

To qualify for adjustment of status:

• You must be the immediate relative of a U.S. citizen.
• You need to have entered the country legally (even if you later became undocumented).

This is a huge benefit because you can stay in the U.S. while your application is processed.

4. U Visa for Victims of Crime

The U visa is available to undocumented immigrants who have been victims of certain crimes in the U.S. and have cooperated with law enforcement in investigating or prosecuting the crime.

Crimes that may qualify for a U visa include:

• Domestic violence
• Assault
• Human trafficking
• Kidnapping

After holding a U visa for three years, you can apply for a green card. The U visa not only provides a path to residency, but also offers immediate protection against deportation.

5. VAWA Self-Petition for Abused Spouses or Children

If you are an undocumented spouse or child who has been abused by a U.S. citizen or lawful permanent resident, you can petition for a green card under the Violence Against Women Act (VAWA). You can file a self-petition, meaning you don’t need the abuser’s cooperation or knowledge to pursue your residency.

To qualify for a VAWA petition:

• You must provide proof of the abuse.
• You must prove your relationship to the U.S. citizen or resident abuser.
• You must show that you are of good moral character.

VAWA applies to both men and women, and it provides a pathway to legal status without relying on the abusive relative.

6. Special Immigrant Juvenile Status (SIJS) for Minors

For undocumented immigrants under the age of 21, Special Immigrant Juvenile Status (SIJS) can provide a path to a green card. This program is available to minors who have been abused, abandoned, or neglected by one or both parents and who are already in the U.S.

Key SIJS requirements:

• A juvenile court must declare that returning to your home country is not in your best interest.
• The court must determine that you cannot reunite with one or both of your parents due to abuse, neglect, or abandonment.

Once SIJS is granted, you can apply for lawful permanent residency without needing to leave the U.S.

7. Cancellation of Removal for Non-Permanent Residents

If you are undocumented and placed in removal (deportation) proceedings, you may be able to stop your deportation and gain a green card through cancellation of removal.

To qualify:

• You must have been in the U.S. continuously for at least 10 years.
• You must show that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident spouse, child, or parent.
• You must demonstrate good moral character.

Winning a cancellation of removal case can be challenging, but it offers a powerful last-resort option.

8. DACA Recipients and Pathways to a Green Card

If you are a recipient of Deferred Action for Childhood Arrivals (DACA), you are protected from deportation, but DACA itself does not provide a direct path to a green card. However, some DACA recipients may be able to adjust their status if:

• They are married to a U.S. citizen.
• They qualify for another pathway, such as through a family-based petition.

Conclusion: Yes, You Can Get a Green Card if You’re Undocumented

While the road to getting a green card if you’re undocumented is difficult, it is not impossible. Many people who start out undocumented find legal pathways to permanent residency through family petitions, waivers, or humanitarian programs.

If you’re unsure about your eligibility, it’s crucial to consult with an experienced immigration attorney who can assess your situation and guide you toward the best option. KAZA Law is here to help you navigate this complex process and fight for your right to remain in the U.S.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we explored the various ways that undocumented individuals can obtain a green card, including family-based petitions, waivers, U visas, and more. If you have any questions about your specific situation or need assistance navigating one of these pathways, feel free to schedule a free consultation by clicking this link.