Those who enter the United States without approval from the Department of State enter illegally. Violating the terms of legal entry can result in serious consequences. Those who enter the U.S. illegally cannot apply for a green card inside the U.S. However, they can leave the U.S. and apply for a green card abroad. Illegal immigrants who remain in the U.S. for more than 180 days lose that opportunity and won’t be able to apply for a U.S. visa legally outside the U.S. for three to ten years.
Since the U.S. takes illegal entry seriously, they only offer very few options for illegal or undocumented immigrants to obtain a U.S. permanent residency (green card). Our Orange County immigration attorneys explain how you can get a green card if you’ve entered the U.S. illegally.
Undocumented immigrants who enter into a valid and real marriage with a U.S. citizen make them an “immediate relative” under U.S. immigration laws. There are serious consequences for sham or unreal marriages created to obtain permanent residency. Since immediate relatives are eligible to obtain a family-based visa, an undocumented immigrant would qualify. However, the illegal status of the immigrant can create serious issues and can jeopardize their ability to get a family-based visa.
The 601A waiver can help spouses and other immediate relatives of a U.S. citizen petitioner. The waiver asks the U.S. government to excuse the applicant’s unlawful presence.
If you have served or are on active duty with the U.S. Armed Forces during a war, you may apply for U.S. citizenship. You would be granted citizenship if you served at World War I, World War II, the Korean hostilities, the Persian Gulf War, or the War on Terrorism.
Cancellation of Removal
If you were arrested by ICE as an undocumented immigrant, you can request a cancellation of removal. This could ultimately grant you a green card if you can demonstrate that you’ve been physically present in the United States for at least ten years. You must also prove that you’ve been a person of good moral character for those ten years, and your removal from the U.S. would be an extreme hardship for your spouse and children.
Asylum
Undocumented immigrants who are refugees can apply for asylum when they are in the United States. They can apply within one year of entry. You would need to prove that you’ve been persecuted or fear future persecution in your home country.
If you are an undocumented immigrant who wants to obtain permanent residency, you need an experienced attorney. Contact our Orange County immigration attorneys today at (949) 478-4963!
A foreigner who entered the U.S. illegally without inspection by a US border agent cannot obtain a Green Card while remaining in the US. At some point the foreigner must depart the US and return on a proper visa, such as a K1 Fiance Visa
Fiance Visa
90 Day Fiancé is an American reality television series on TLC that follows couples who have applied for or received a K-1 visa, available uniquely to foreign fiancés of U.S. citizens, and therefore have 90 days to marry each other. The series debuted on January 12, 2014, and has run for 10 seasons.
In general, a noncitizen must spend at least 5 years as a lawful permanent resident to be eligible for naturalization while a spouse of a U.S. citizen must spend at least 3 years as a lawful permanent resident. The median years spent as an LPR for all citizens naturalized in FY 2023 was 7 years.
For some people, it is possible to file a successful application for a green card in the United States even with unauthorized employment on record. There's also an exception in § 245(k) of the Immigration and Nationality Act (I.N.A.) (or 8 U.S.C.
Under Biden's plan, undocumented immigrants living in the U.S. as of Jan. 1, 2021, would have a five-year path to permanent residence if they pass background checks, pay taxes and fulfill other requirements. From there, it's a three-year path to naturalization if they pursue citizenship.
If your foreign national spouse has spent more than six months (180 days) in the U.S. after an unlawful entry, they will most likely have to travel to a U.S. embassy or consulate abroad for the green card interview.
The bill removes this entry cutoff date and opens up the program to eligible individuals who have resided in the United States for at least seven years. Existing requirements (e.g., the individual must not be inadmissible or deportable due to certain grounds related to crime or terrorism) continue to apply.
LPRs are eligible to naturalize five years after obtaining their LPR status (those married to a U.S. citizen need wait only three years). Processing times for naturalization applications are currently taking about 10 to 12 months.
Will the USCIS know about unauthorized employment? Generally, the US government can determine whether or not a person is employed without authorization by checking out tax returns, resumes, and visa support letters.
Yes, it is possible to get removed and deported even if you marry a U.S. citizen. Once you marry a U.S. citizen, you and the U.S. citizen must take additional steps to avoid getting deported.
To cancel your deportation through the Ten Year Law, you must meet the following requirements: Have been physically present in the United States continuously for at least 10 years before applying (the Ten Year Law). Maintain good moral character during the entire period of stay in the country.
Green Card Opportunities in Family-Sponsored Visa Categories
For the family-based side of immigration, the absolute fastest way to qualify is as either the spouse, unmarried child under 21 years of age, or parent of a U.S. citizen who's over age 21.
These include crimes of "moral turpitude," multiple crimes, and specified crimes such as drug trafficking, prostitution, commercialized vice, money laundering, severe violations of religious freedoms as an official working within a foreign government, and fraud.
However, you can be deported if you married a US citizen but have not been naturalized yet. You could even be deported if you have married and applied for a green card but have not had your application finalized yet to receive a conditional green card.
A marriage-based green card lets a U.S. citizen or green card holder's spouse live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship after three years of marriage.
Also known as a migratory waiver, an immigration pardon is a pardon granted by the U.S. government to aliens who have violated U.S. laws. It is usually granted to any immigrant alien who is found inadmissible within the United States after having violated the law.
Immigrants living here illegally must be held responsible for their actions by passing national security and criminal background checks, paying taxes and a penalty, going to the back of the line, and learning English before they can earn their citizenship.
Can I obtain U.S. citizenship by marriage while being undocumented? No, it is not possible to obtain U.S. citizenship by marriage if you are an undocumented immigrant in the United States. To apply, you must have been a lawful permanent resident and meet other requirements.
The chances to become a United States citizen depend mainly on how tricky it is for you to first become a permanent resident and get a green card. If you're extremely educated and can find work, you can expect to get citizenship in just over 5 years after becoming a green card owner.
Introduction: My name is Eusebia Nader, I am a encouraging, brainy, lively, nice, famous, healthy, clever person who loves writing and wants to share my knowledge and understanding with you.
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