Millions of people dream of improving their lives in the United States every year, but for undocumented immigrants, that ideal may seem unattainable. Many people who lack legal status live in terror and are uncertain about their future.
The reality is that, under certain circumstances, unauthorized individuals can obtain a green card. Family relationships, humanitarian protections, and certain legal waivers offer viable alternatives despite the difficult and convoluted path.
Everything you need to know, from eligibility to legal loopholes, is broken down in this guide and presented in easy-to-understand language.
Whether you’re undocumented yourself or helping someone who is, this article offers hope, clarity, and real-life solutions to one of the most pressing immigration questions.
What Is a Green Card?
A green card is a Permanent Resident Card that gives aliens or foreigners the legal right to work and live in the U.S permanently or as long as they want. As long as you are a foreign national, a green card is one of the most important documents you need.
With a green card, you can apply for U.S. citizenship, you can work and travel, you won’t be deported, provided you didn’t commit any hideous crime, and you will also have access to federal benefits and financial aid.
Who Is an Undocumented Immigrant?
An undocumented immigrant is a foreign national living in the United States without lawful immigration status. Lawful immigration status can result from overstaying in the country as a tourist or student. It could be that you entered without proper inspection, or you have a denied asylum or immigration petition.
Can Undocumented Immigrants Get a Green Card?
If you want to know if an Undocumented immigrant can get a green card in the U.S., the answer is a capital ‘YES’. Once you meet with eligibility category established by U.S. law, you can get a green card.
What that process looks like may depend on how the noncitizen entered the country. One of the eligibility requirements is that you must have lived and worked in the U.S. for 3-5 years with no criminal records.
Once you meet that criteria and others, you can get any of the green card eligibility categories: Family-sponsored green card, Asylum and refugee status, Employment green card, or certain Humanitarian programs.
With a humanitarian program like Temporary Protected Status, you can live in the U.S. legally, but still won’t get a green card. That means having this status doesn’t guarantee you’re getting a green card.
Can Illegal Immigrants Apply for the Green Card Lottery?
Unfortunately, illegal or undcoumented immigrants can’t apply for the Diversity Visa (DV) or Green Card Lottery. This is because they have violated immigration law. You can only apply for green card lottery if you meet up with eductaion ot work requiremnts, which only legal immigrants are entitled to.
Are there Barriers to getting a Green Card?
Sure, getting a green card is not easy at all, especially as an undocumented immigrant, considering it’s related to immigration law violation.
Entry Method
Undocumented Immigrants who committed Entry Without Inspection (EWI) crime will find it difficult to get a green card. On the other hand, if you commit a visa overstay crime, which means you entered the country with a legal status that has expired, you have a better chance of getting a green card.
Unlawful Presence
If you stay in the U.S. without status, you will accumulate unlawful presence, which accrues. How much of it you accrue makes your eligibility status higher for you to get a green card.
This is how it works: if you stay for more than 180 days but less than one year, you will be ineligible to apply for a green card for 3 years. You will be ineligible for 10 years if you stay more than one year.
Then you will be permanently ineligible if you stay more than one year, leave, and later re-enter the country illegally again.
Criminal History
Another barrier is if you have a criminal record while staying in the United States. Either drug-related crime, aggravated felonies like robbery or murder, or any crime involving moral turpitude, you can be denied green card eligibility.
Qualifying for a Green Card Despite Barriers
In general, those without documentation who encounter obstacles when attempting to apply for a green card are unable to obtain one. In particular, they are unable to obtain a green card through an adjustment of status, which is the process of applying for a green card from within the United States without having to travel back to their country of origin.
Additionally, some undocumented immigrants might qualify for a waiver of the conditions that bar them from obtaining a green card.
Depending on what you need waived, you might require a different waiver. You must typically leave the nation and apply for your green card at a U.S. Consulate, which may require you to spend several years abroad.
How to Get a Green Card As An Undocumented Immigrant
1. U Visa for Victims of Crime
One of the things that qualifies you to get a green card is if you have a U Visa for Victims of Crime. This option is for non-citizens who are victims of crime and who can help law enforcement. Legal status, employment authorization, and occasionally the opportunity to get a green card are all granted by the U Visa.
You must have been abused as a victim of a qualifying crime, know about the criminal activity, or be able to assist in solving a crime problem to be eligible for a U Visa. A U Visa holder’s family members may be covered by the same U Visa.
If you file for them, you may be able to obtain a U Visa for your spouse and children under specific conditions. You can employ an immigration lawyer if you believe your circumstances qualify you for a U Visa.
2. Asylum Status
In order to experience the freedom they are unable to have back home, many asylum seekers travel to the Land of the Free. You are granted the right to remain in the United States if you are granted asylum.
There are immigration lawyers who can assist you in applying for asylum if you are being persecuted or even just fearing persecution because of your race, religion, political beliefs, nationality, or social group membership. To assess the strength of your case, an interview is typically required. The legal services of an immigration attorney can help get through that interview so you can qualify for asylum.
One year after receiving the asylum grant, asylees can apply for permanent resident status. If your children and spouses are also admitted as asylees, they can also apply for their green cards.
3. LIFE Act Protection
In addition to the protections provided by Deferred Action for Childhood Arrivals (DACA), DREAMers are eligible for additional benefits under the Legal Immigration Family Equity (LIFE) Act.
In several circumstances, an employer may be prepared to sponsor an undocumented immigrant for a green card, especially if the immigrant is well-educated and a DREAMer.
The business may need to complete a procedure known as Labor Certification, or PERM, before filing for the prospective DREAMer’s employment visa petition.
However, because of their initial illegal entry or out-of-status situation, the immigrant must still return to their home country even after these procedures are finished.
Section 245(i) of the Immigration and Nationality Act (INA), as amended by the LIFE Act lets certain immigrants complete the green card process if a petition was filed on or before April 30, 2001, on their parents’ behalf or their behalf.
4. Marriage
The most typical option for an immigrant to obtain legal status is by marriage to a US citizen, regardless of whether they were an illegal immigrant who evaded border protection or a legal immigrant who overstayed their welcome.
This is because a spouse is considered an immediate family member of a US citizen, who is relatively easy to obtain a green card for.
Procedures for other categories could be more complex. A US citizen’s immediate relatives are limited to the following individuals: spouse, parents, or children younger than 21.
As long as the foreign-born immediate relative entered the country lawfully, they can easily undergo an adjustment of status to a permanent resident.
This means that if an undocumented immediate relative goes into the US with legal documentation, faces the immigration officer, and has them acknowledge their entry, then they can apply for a green card. After you become a permanent resident, you can eventually apply for citizenship.
5. Cancellation of Removal in Immigration Court
If you’re placed in removal proceedings and facing imminent deportation, there may be a way for you to gain legal status.
You and your lawyer have to prove to the immigration judge that:
You have been in the US physically for 10 years or more;
During that period, you’ve been a person of good moral character;
If you get removed from the country, then it would cause hardship for your immediate relatives (given that they are permanent residents or US citizens);
You aren’t disqualified from cancellation for violation of certain laws or conviction due to certain crimes.
This is the one path where you need the services of an immigration lawyer. You’ll be facing removal proceedings, not to mention there’s a limited allotment of green cards under this law. If you do not meet the requirements or you do not get the help of a skilled attorney, it may be difficult to come up with a defense against deportation.
6. DACA and Status Adjustment
If Advance Parole was used to travel and return lawfully, DACA (Deferred Action for Childhood Arrivals) can lead to opportunities like employer sponsorship or marriage-based petitions, even though it doesn’t directly grant a green card.
7. Temporary Protected Status, or TPS
Certain nationals from TPS-designated nations may be able to change their status if they fulfill specific requirements, particularly if they have close family members who are citizens.
8. Reentry and Advanced Parole
For urgent travel, holders of TPS or DACA may apply for Advance Parole. It may prevent illegal entry and create opportunities for adjustment if it is granted and the individual returns to the United States lawfully.
Conclusion
While the journey to legal residency can be challenging for undocumented immigrants, it’s not impossible. With the right legal support, awareness of eligibility options, and changes in immigration policy, there may be a path forward. From family-based petitions to humanitarian relief programs, each case is unique and may hold hope. If you or someone you know is undocumented, seeking expert legal advice can make all the difference. A green card may be within reach—understanding your rights and exploring available options is the first powerful step toward building a more secure future in the United States.
