If you’re in the United States without lawful authorization, meaning you’re an undocumented immigrant, you need to know that you can get into serious trouble. In fact, being in the U.S. without the proper authorization may get you deported and barred from returning, even if you have a family, a job, and a home here.
So, can undocumented immigrants get a green card? There’s no one-size-fits-all answer to that question, but it is possible. Here’s what you need to know about becoming a green card holder.
How Can an Undocumented Person Become Legal?
First things first: If the U.S. government catches you in the United States without proper documentation, you can be deported through removal proceedings. You may be ordered to leave, and the government may even bar you from coming back, even if you’ve built an entire life here. Understanding the legal rights of undocumented immigrants at this stage can be critical to protecting yourself from unlawful or rushed enforcement actions.
Unfortunately, there are very few ways for an undocumented immigrant to gain legal status in the U.S. That’s true whether you illegally crossed a border to get here or you had a valid visa that expired. In fact, the vast majority of undocumented immigrants in the U.S. are people who simply overstayed a visa expiration; the remainder crossed the northern or southern border without going through a port of entry or getting the proper authorization.
When people ask, “can undocumented immigrants get a green card,” the answer often depends on how they entered the United States and whether they qualify under specific family-based or humanitarian provisions. In some cases, an undocumented person may become legal through a qualifying family relationship, such as being the spouse, parent, or child of a U.S. citizen. However, unlawful entry or long periods of unlawful presence can trigger serious penalties, including mandatory departure from the U.S. and multi-year bars to reentry.
Some individuals may qualify for waivers that forgive unlawful presence or misrepresentation, but these waivers are highly discretionary and require strong evidence of hardship to a qualifying U.S. citizen or lawful permanent resident relative. Others may qualify under special programs created for victims of crime, domestic violence, or human trafficking, which can offer lawful status and, eventually, permanent residence.
Since each option involves strict eligibility requirements and procedural risks, undocumented immigrants should never assume they qualify without proper legal review. A mistake in timing or filing can result in detention or removal, even when a potential path to lawful status exists.
What is Amnesty?
Amnesty allows undocumented immigrants to remain in the country legally. There are three main types of amnesty used in cases like these: temporary protected status, asylum, and cancellation of removal. You may qualify for amnesty, but in many situations, you may need to leave the U.S. and apply for authorization to come to the country.
Temporary Protected Status
Temporary protected status is only available to people who come to the United States from countries that have recently had an environmental disaster, natural disaster, civil war, or other unsafe circumstances that would make it dangerous for them to return.
Temporary protected status, which is commonly called TPS, is not a path to a green card. In fact, it doesn’t even last that long. You can only stay in the U.S. for up to 18 months if you’re here on TPS unless the government extends your country’s TPS status and you re-register.
However, if the U.S. government grants you temporary protected status, you can apply for a work permit and, during the time that you’re in the country legally, you may explore other options that might allow you to remain in the U.S. longer.
Asylum
If the U.S. government approves your asylum application, you can live and work in the United States, but you must apply for it within a year of your arrival, and you must also fear persecution because of your:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Although asylum applications must generally be filed within one year of arriving in the United States, there are limited exceptions to this rule. Changed circumstances, such as a new government taking power in the applicant’s home country or newly intensified persecution, may excuse a late filing. Extraordinary circumstances, including serious illness or ineffective assistance of prior counsel, may also allow an application to proceed despite missing the deadline.
You must have a genuine fear of persecution; you can’t simply say you’re ostracized because of your religious beliefs or political opinion. Additionally, the persecution must come from your country’s government or another authority or group that the government is unable to control (like guerrillas or warring tribes). Generally, U.S. courts have described persecution as a “range of acts and harms,” which can include things like:
- Physical violence. Physical violence doesn’t have to cause long-term harm to count as persecution. It may include acts such as assault, handcuffing, sexual abuse, female genital mutilation, invasive physical examinations, forced abortion or sterilization, forced labor, and a variety of other acts.
- Torture is a serious human rights violation that may involve physical or psychological violence, prolonged unlawful detention, and several other things.
- Other violations of human rights, such as slavery or genocide.
- Threats of harm. If the threatened harm is serious, causes a person emotional or psychological damage, or is otherwise credible, you may have an asylum case.
- Unlawful detention, such as being detained without due process or due to discriminatory (or political) reasons.
This isn’t a complete list, but if you believe you have an asylum case, you should consult with an immigration attorney who may be able to help.
Asylum cases are fact-intensive and heavily dependent on credible evidence, including personal testimony, country condition reports, and corroborating documents. Even applicants who meet the legal definition of a refugee can be denied if they fail to meet procedural requirements. Because asylum law changes frequently and is subject to shifting enforcement priorities, legal guidance is often essential when determining eligibility.
Cancellation of Removal
If you’re an undocumented immigrant who has already been arrested by immigration authorities, you may qualify for cancellation of removal. However, this option is not available to everyone. You can only ask for cancellation of removal if you’re already in removal proceedings.
You only qualify if you:
- Are a person of good moral character, and you have been for at least 10 years
- Have been physically present in the U.S. for at least 10 years
- Are not disqualified because you committed a crime or immigration violation, or because you have persecuted other people
For a cancellation of removal petition to work, which is not guaranteed, you must show the immigration court that your removal from the United States would cause an exceptional and extremely unusual hardship to your spouse, parent, or child, and whoever will be suffering the hardship must be a U.S. citizen or lawful permanent resident.
For example, if you are the sole caregiver for your disabled mother, who is a lawful permanent resident, you may be able to show the court that your removal would cause an exceptional and extremely unusual hardship to your mother. If the court agrees, you may be permitted to remain in the United States.
What if You Are an Undocumented Immigrant Who Served in the U.S. Military?
If you’re a veteran of the U.S. Armed Forces, you may qualify for relief. In fact, you could be entitled to remain in the U.S. and get immediate citizenship. However, you must have served during one of the following conflicts to qualify:
- The Korean War (June 25, 1950 to July 1, 1955)
- The Vietnam War (February 28, 1961, to October 15, 1978)
- The Persian Gulf War (August 2, 1990 to April 11, 1991)
- Operation Enduring Freedom (September 11, 2001, to present)
Can an Undocumented Immigrant Marry a U.S. Citizen?
You can’t simply marry a U.S. citizen to remain in the U.S. legally if you are in undocumented status, even if you’re in love. If that’s the case, you will most likely need to return to your home country, apply for a fiancé visa, and then return to marry your significant other.
Remember, it’s illegal to marry a U.S. citizen or lawful permanent resident simply for the purpose of gaining an immigration benefit. If U.S. immigration officials catch you (and they will) marrying someone only to immigrate to the U.S., you’ll be removed from the country and probably barred from coming back.
Bars to Reentry for Undocumented Immigrants
When the U.S. government catches someone who’s in the country unlawfully, an immigration judge can impose a bar to reentry. A bar to reentry prevents you from coming back to the U.S. for a specific period of time, and having one in your file may prevent immigration officials from approving your petitions in the future. The courts sometimes order bars for three years, ten years, or forever.
What are the Legal Rights of Undocumented Immigrants?
While undocumented immigrants do not have lawful immigration status, they still have important legal protections under U.S. law. Understanding the legal rights of undocumented immigrants can be critical when interacting with immigration authorities, law enforcement, employers, or landlords. For example, undocumented individuals generally have the right to remain silent and the right to refuse consent to a search unless officers have a valid warrant. They are also protected by federal and state labor laws, meaning employers cannot legally withhold wages or subject workers to unsafe conditions based on immigration status.
In addition, undocumented immigrants have the right to due process in immigration court, which is a core part of the legal rights of undocumented immigrants. Deportation is not automatic in most cases, and individuals may be entitled to a hearing before an immigration judge. During that process, they may be able to apply for certain forms of relief, challenge the government’s allegations, request prosecutorial discretion, or explore options on gaining legal status, depending on their circumstances.
Knowing these rights does not create lawful status, but it can help prevent unnecessary or unlawful enforcement actions and may create time to pursue legitimate legal options.
Are You an Undocumented Immigrant Who Needs to Speak With an Attorney?
When considering “how can an undocumented person become legal,” timing and strategy are often just as important as eligibility. Immigration law is complex, and the relief that is available today may be restricted or eliminated in the future. At the same time, applying too early or without proper preparation can expose individuals to enforcement risks that outweigh potential benefits.
If you’re an undocumented immigrant in the U.S., we may be able to help you. Call our office today to schedule a consultation with an attorney now – if we can find a way forward for you, we will.
