For many noncitizens, obtaining a green card represents stability and security in the U.S. Can undocumented immigrants get a green card? Yes, but qualifying without first leaving the U.S. is often challenging.
At EMP Law, we understand the challenges undocumented immigrants face. Our team is dedicated to helping individuals navigate the U.S. immigration system. If you or a loved one is seeking a green card, we can help you understand your options and guide you through pursuing them. Contact Immigration Lawyer today to learn about your options.
Can Undocumented Immigrants Get a Green Card?
Undocumented immigrants may be able to get a green card if they fit into an eligibility category established by U.S. law. What that process looks like may depend on how the noncitizen entered the country.
Many undocumented immigrants wonder how to become a legal citizen if you are illegal. While U.S. citizenship is typically obtained through naturalization, the first step for most is a green card.
Undocumented Immigrants Green Card Eligibility Categories
Common green card eligibility categories include:
- Family-sponsored green cards,
- Employment-based green cards,
- Asylum and refugee status, and
- Certain humanitarian programs.
Note that some humanitarian programs, like Temporary Protected Status (TPS), allow you to live in the U.S. legally but do not usually open a pathway to getting a green card. Those programs that open a path to a green card, such as applying for asylum, are more likely than other green card categories to overlook immigration violations.
Can Illegal Immigrants Apply for the Green Card Lottery?
The Diversity Visa (DV) or Green Card Lottery allows individuals from certain countries who meet education or work requirements to obtain a green card through a lottery. Undocumented immigrants typically cannot benefit from winning the lottery because they have violated immigration law by being present in the U.S.
Barriers to Getting a Green Card
Certain legal issues make obtaining a green card more challenging, if not impossible, for undocumented immigrants. Such issues primarily relate to violations of immigration law.
Method of Entry
Undocumented immigrants generally fall into one of two categories based on whether they had lawful status when they last entered U.S. borders. You are a visa overstay if you entered the country with legal status that has since expired. If you entered U.S. borders without showing documents to a border officer, you committed entry without inspection (EWI)—a violation of U.S. immigration law. Depending on how long they overstayed their legal status, visa overstays may have an easier time obtaining a green card than EWIs.
Unlawful Presence
Undocumented immigrants who have lived in the U.S. without status will accumulate unlawful presence, which makes them ineligible for a green card. How much unlawful presence you accrue affects how long you are ineligible for a green card, including individuals who were unlawfully present for:
- More than 180 days but less than one year—ineligible for three years;
- More than one year—ineligible for 10 years; and
- More than one year, left and subsequently re-entered the U.S. without inspection—permanently ineligible.
In some situations, noncitizens with a history of unlawful presence may qualify for a waiver of the issue.
Criminal History
Being convicted of one or more crimes may prevent you from qualifying for a green card. Such crimes include:
- Aggravated felonies like murder, robbery, and similar violent crimes;
- Drug-related crimes, except for simple possession of marijuana under 30 grams; and
- Crimes involving moral turpitude (CIMTs).
What is or is not a CIMT is highly variable and dependent on state law, so consulting an immigration lawyer familiar with criminal law is essential to determining whether this issue applies.
Other Immigration Violations
Other immigration violations that may prevent you from qualifying for a green card include:
- Prior deportations or removal orders,
- Falsely claiming U.S. citizenship, and
- Fraud or misrepresentation on immigration applications.
Fraud is unfortunately common among undocumented individuals who obtain forged documents indicating they have legal status when they do not.
Qualifying for a Green Card Despite Barriers
Generally, undocumented individuals who face barriers to applying for a green card cannot get one. Particularly, they cannot get a green card through an adjustment of status—i.e., the process of applying for a green card from within the U.S. without returning to one’s home country.
Certain undocumented immigrants may also be eligible for a waiver of the issues preventing them from being eligible for a green card. You may need a different waiver depending on what you need waived. Usually, you have to leave the U.S. and obtain your green card through a U.S. Consulate, which can mean living in another country for several years.
EMP Law Can Help
Undocumented immigrants may face an uphill battle in pursuing a green card. Yet, at EMP Law, we are committed to helping individuals overcome legal obstacles and secure lawful status in the U.S. Contact EMP Law today to schedule a consultation.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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