Can Undocumented Immigrants Qualify for a Green Card?
If you’re undocumented, does that mean you’ll never qualify for a green card? Many people in this situation feel overwhelmed, fearing that no legal path is available to them.
Many individuals who come to Wogwu Law, PLLC, share these concerns. However, certain legal provisions offer undocumented immigrants a potential pathway to lawful permanent residence—even if they currently lack valid status. This post explores those options in a straightforward, welcoming way that answers the big question on many minds.
Green Card Eligibility for Undocumented Immigrants
Undocumented immigrants include people who crossed the border without inspection or who entered legally but overstayed a visa. Any path to a green card depends on each individual’s situation, and U.S. law sets forth several categories that may apply. Often, people aim for citizenship as their final goal, but obtaining a green card is typically the stepping stone toward that goal.
Common Green Card Eligibility Categories for Undocumented Immigrants
It’s indeed confusing to figure out which category might apply to your situation. Several paths exist that allow certain undocumented immigrants to seek lawful permanent status, though some may face more challenges than others.
Family-Sponsored Green Cards
One of the most common ways to seek a green card is through a close family member who is a U.S. citizen or green card holder. Immediate relatives of U.S. citizens—such as spouses, unmarried children under 21, and parents—are not subject to annual visa caps. Meanwhile, those who fall under preference categories (e.g., married children of U.S. citizens, siblings of U.S. citizens, adult children of permanent residents) wait in processing backlogs before a visa number can become available. A core requirement is showing that your family relationship is genuine. Any hint of a sham arrangement is taken seriously by immigration authorities.
Employment-Based Green Cards
Another potential path involves employment-based (EB) green cards. This set of categories ranges from EB-1 (for certain high-level professionals or individuals with remarkable accomplishments), EB-2 (for advanced-degree professionals or those with unusual ability), EB-3 (for skilled and other workers), EB-4 (for religious workers and more), and EB-5 (for investors). Many EB filings require an employer’s sponsorship and labor certification. An exception is the EB-2 National Interest Waiver, in which a qualified individual may self-petition without an employer. However, undocumented applicants have to address unlawful presence issues before approval.
Asylum and Refugee Status
Individuals who flee persecution in their home country may apply for asylum within the U.S. If granted, and after residing inside the country for one continuous year, they can apply for a green card. The same timeline generally applies to refugees who seek protection from outside the U.S. once they have been admitted.
Humanitarian Programs
Some people gain relief through humanitarian channels, such as a U visa for certain crime victims who help law enforcement. Additionally, Special Immigrant Juvenile Status (SIJS) can aid children who’ve been abused, abandoned, or neglected. While Temporary Protected Status (TPS) grants provisional safeguards to nationals of countries facing extreme conditions, it typically does not offer a direct path to permanent residence.
Diversity Visa (DV) Lottery
The United States offers the DV lottery as a route to secure a green card for citizens of countries with historically low immigration rates to the U.S. However, if someone is already out of status or entered unlawfully, hurdles may arise even if they are selected. Unlawful presence or prior immigration violations commonly trigger additional requirements or bars to eligibility.
Potential Barriers to Obtaining a Green Card
Even if you meet an eligibility category, significant barriers can complicate your request for a green card. All these factors must be weighed when exploring your case.
Method of Entry
A big difference lies in how you entered the country. If you simply overstayed a visa, you originally came through a U.S. port of entry with proper approval and then did not depart when required. This group may have more options than people who entered without inspection (EWI). Though both scenarios can lead to unlawful presence, EWI tends to be more daunting because federal law strictly regulates the adjustment of status for entries without inspection.
Unlawful Presence
A key concept is “unlawful presence,” which can trigger bars on reentry. If you accrued more than 180 days but fewer than 365 days of unlawful presence, you risk a 3-year bar upon leaving the U.S. Going beyond 365 days can make you subject to a 10-year bar. Waivers (such as the I-601A provisional waiver) are possible in certain family-based cases, but they require showing that your absence would cause extreme hardship to a qualifying relative.
Criminal History
Some criminal convictions make it difficult or impossible to obtain a green card. These include offenses labeled as aggravated felonies, certain drug crimes (with narrow exceptions), and crimes involving moral turpitude. Determining whether a specific offense falls under these definitions requires careful legal analysis. Even lesser charges may result in complications, and you may need a formal waiver if one is available.
Other Immigration Violations
Other issues that can hamper a green card request include prior deportation orders, fraud or misrepresentation on immigration forms, and making false claims to U.S. citizenship. If any of these apply, you may still seek relief in some circumstances, but it’s vital to understand the added complexities when preparing an application.
Potential Avenues for Qualifying Despite Barriers
When individuals have significant obstacles—like previous deportation orders, misrepresentation, or entering without inspection—adjustment of status from within the U.S. is often limited. Yet, people in these categories may still consider waivers of inadmissibility or consular processing abroad. Please remember that stepping outside the U.S. after unlawful presence can trigger reentry bars, which is why a carefully prepared plan is so important.
Section 245(i) of the INA
One of the most well-known exceptions for certain undocumented immigrants is found under Section 245(i). To qualify, you need to show that an employer or relative filed a petition (or a labor certification) on your behalf before April 30, 2001. If you also meet specific physical presence requirements dating back to December 21, 2000, you might qualify to adjust your status while paying a penalty fee. This option can forgive unauthorized work, overstays, and even some entries without inspection—but only if your petition meets the filing-date rules.
Military Parole in Place (PIP)
Family members of U.S. military personnel might pursue a policy called parole in place (PIP). This provision permits close relatives to remain in the U.S. and, in some instances, adjust their status even if they initially arrived without inspection. The idea is that service members and veterans should not be burdened by fear of family separation. This process requires submitting a PIP application and may ultimately provide a route toward a green card if other eligibility criteria are met.
Below is a quick reference table showing some major obstacles and related strategies:
| Roadblock | Potential Remedy |
| Overstayed Visa | Adjustment through immediate relative or certain waivers |
| Entry Without Inspection | 245(i) eligibility, military parole in place, consular processing with waivers |
| Criminal Records | Pardon (if eligible), legal analysis of conviction categories, waivers |
| Prior Deportation | Motion to reopen, I-212 permission to reapply, consular processing |
Wogwu Law, PLLC: Your Partner in Pursuing Legal Status
Being in an uncertain status is stressful. That’s why Wogwu Law, PLLC, is dedicated to helping people find solutions, whether that involves requesting waivers, filing a strong family-based petition, or identifying a special exception like Section 245(i). Attorney Wogwu’s practice is built upon professional knowledge and personal immigration experiences, as well as an understanding of how important it is to treat every client with care and commitment.
Wogwu Law works hard to meet your needs and stand by you through each phase of your case. The goal is to keep you informed while focusing on the success of your application. If you need guidance on any of these ways to seek a green card, or if you want to explore whether a newly discovered option applies to you, feel free to call today at 210-972-4480 or visit our Contact Us page to schedule a consultation.