In a country renowned as a melting pot of cultures and aspirations, the pursuit of legal status holds profound significance. For individuals navigating life as undocumented immigrants in the United States, the road to legitimacy is often fraught with challenges and uncertainties. This article embarks on a comprehensive exploration of the avenues through which illegal immigrants can potentially attain legal recognition within the USA. By shedding light on key processes, requirements, and possibilities, we aim to equip readers with vital information to navigate this intricate journey and find a secure place within the framework of the law.

Table of Contents

Who Is Considered an Illegal Immigrant?

In regards to US immigration, an illegal immigrant can be a foreign-born non-American citizen who does any of the following:

  • enters the United States without inspection (i.e., entering the US illegally); 
  • lives in the USA without possessing a valid US visa or other immigration document;
  • overstays their US visa or violates United States immigration law in some other way.

According to the Pew Research Center, there are approximately 10.5 million illegal immigrants (also known as “unauthorized immigrants” or “undocumented immigrants”) living in the USA.

Illegal immigrants who are in violation of US immigration law can be detained and deported by the American government from the United States (i.e., ordered to leave the USA) in a process known as deportation or removal.

Needless to say, there are many people who want to know: How can an illegal immigrant become legal? 

What Is Considered a Legal Entry into the USA?

According to United States Citizenship and Immigration Services (USCIS): “To lawfully enter the United States, a noncitizen must apply and present himself or herself in person to an immigration officer at a U.S. port of entry when the port is open for inspection. A noncitizen who arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. Through the inspection process, an immigration officer determines whether the noncitizen is admissible and may enter the United States under all the applicable provisions of immigration laws.”

During the “inspection” process at the port of entry (for example, at an international airport, seaport or official border crossing in the United States), the foreign-born non-American citizen will generally need to provide the required documents, normally related to their identification and status in the USA, to a Customs and Border Protection (CBP) officer. 

For example, the individual might present to the CBP officer a passport with a US visa; or a passport along with Electronic System for Travel Authorization (ESTA) status if a citizen from a Visa Waiver Program (VWP) country; or a passport and US Permanent Resident Green Card.

The CBP officer will also check to make sure the individual is not subject to removal according to US immigration laws, Presidential Proclamations or Executive Orders.

When a foreign-born non-American citizen is authorized by the CBP officer for admission to the United States, it is common for him or her to receive a Form I-94 (Arrival/Departure Record) as evidence of legal entry into the USA.

It is worth noting, however, that American citizens and US Permanent Resident Green Card holders do not need to receive a Form I-94 (Arrival/Departure Record). The majority of Canadian citizens also do not need a Form I-94.

Other documents that may be used as evidence of legal admission into the USA by a non-American citizen could include:

  • Form I-688 (Temporary Resident Card)
  • Form I-688A (Employment Authorization Card)
  • Admission stamp in his or her valid passport
  • Form DSP-150 or Form I-586 (Border Crossing Card)

There are cases in which a foreign-born non-American citizen will not receive official admission into the United States at the port of entry, but rather he or she will be granted parole at the discretion of the CBP officer to enter the USA on a temporary basis if:

  • the CBP officer has confirmed the identity and nationality of the non-American citizen;
  • the CBP officer assesses that the non-American citizen does not pose a threat to US national security; and
  • the CBP officer determines that the non-American citizen will probably be able to get a waiver or other evidence to address the inadmissibility that was identified.

The deferred inspection of a person granted temporary parole to enter the United States generally takes place within 30 days at the CBP office closest to where the non-American citizen is staying in the USA.

How to Get a Green Card if You Are Illegal?

Political Asylum in the United States:

  • A foreign national can generally apply for asylum in the United States within 12 months of arriving in the USA, regardless of immigration status, but must not be in the removal (i.e., deportation) process.
  • Non-American citizens may apply for asylum to seek protection in the US due to suffering persecution or fear of suffering persecution because of their membership in a certain social group, nationality, political opinion, race or religion.
  • The Form I-589 (Application for Asylum and for Withholding of Removal) must be filed with USCIS.  
  • Someone who has applied for asylum in the US can generally apply for an Employment Authorization Document (EAD) 180 days after filing for asylum (the EAD allows them to legally work in the USA while their asylum case is pending).
  • A person who is granted asylum will be able to legally work in the USA immediately.
  • Once an individual has been living in the USA for 12 months after being granted asylum, he or she can file the Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS in order to receive a US Green Card. 

Temporary Protected Status:

  • A person who is allowed to live in the USA with Temporary Protected Status (TPS) may have the option to apply for non-immigrant status or to apply for adjustment of status to become a US Permanent Resident Green Card holder if they satisfy all of the eligibility requirements.
  • Citizens of specific countries who are already living in the USA and meet other criteria may be granted Temporary Protected Status (TPS) to remain in the United States on a temporary basis because of an environmental disaster (such as a hurricane or earthquake), armed conflict (for example, civil war) or another extraordinary, but temporary, situation in their country.
  • Citizens from around 16 countries who are already living in the USA and meet the criteria can apply for TPS (2024): Venezuela, El Salvador, Haiti, Honduras, Ukraine, Nepal, Syria, Nicaragua, Myanmar, Afghanistan, Yemen, Cameroon, Sudan, Ethiopia, Somalia and South Sudan. 
  • Temporary Protected Status (TPS) is generally granted for up to 18 months and may be renewed (if the person’s country is still on the list of countries whose citizens are eligible for TPS).
  • Individuals with TPS generally cannot be deported from the US, may receive travel permission, and are able to get an Employment Authorization Document (EAD) to legally work in the USA.
  • Someone living in the USA with TPS may have the option to apply for a Green Card via adjustment of status through family sponsorship by marrying an American citizen; through an employment-based Green Card program; by seeking asylum (a person can apply to receive a Green Card through adjustment of status 12 months after being granted asylum in the US); or through the Diversity Immigrant Visa Program.
  • A foreign national with TPS could also apply for non-immigrant status, such as a temporary US work visa, if they qualify.

U-Visa for Certain Crime Victims

  • The U-Visa is a temporary non-immigrant US visa issued for up to four years to victims of certain criminal activity who have suffered significant physical or mental abuse and who satisfy other criteria.
  • There is an option for a person who has been living in the USA for at least three years with a non-immigrant U-Visa to apply for a US Permanent Resident Green Card through adjustment of status.

Marriage to an American Citizen:

  • It is possible to get a Green Card if you are illegal by marrying an American citizen.
  • As an immediate relative of an American citizen, the illegal immigrant can apply for a Conditional Green Card.
  • The American citizen sponsor would generally file the Form I-130 (Petition for Alien Relative) with USCIS.
  • After the petition is approved, the non-American citizen spouse would file the Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS in order to receive a two-year Conditional US Green Card.
  • When the Conditional Green Card holder has lived in the USA for 21 months (i.e., 90 days before the two-year Green Card expires), he or she can apply for a regular 10-year US Permanent Resident Green Card.

Prior Service in the US Military to Become Legal

  • Foreign nationals who served honorably in the American military and their immediate family members may be able to apply for legal status in the United States, even if they are undocumented.

Cancellation of Removal:

  • Around 4,000 foreign nationals living in the USA are approved for cancellation of removal/deportation each year.
  • If cancellation of removal is approved by a US immigration judge, the non-immigrant can apply for a Green Card.
  • The person applying for a Green Card after cancellation of removal will generally schedule an InfoPass Appointment with USCIS, where he or she will bring the final order from the US immigration judge, passport and other documents.
  • Following the InfoPass Appointment, USCIS will arrange for the Green Card to be sent to the immigrant’s address.

Diversity Visa Lottery:

  • A person with Temporary Protected Status (TPS) who is living in the USA and satisfies the eligibility requirements can participate in the Diversity Visa Lottery (DV-Lottery) from inside the United States for the opportunity to receive a US Green Card through adjustment of status.
  • The two major eligibility requirements for the DV-Lottery are:
  • to be born in a country whose natives are eligible to participate (some TPS countries are not eligible); AND
    • to have completed at least 12 years of primary and secondary education OR to have at least two years of qualifying work experience in the past five years. 
    • In general, the individual with TPS living in the USA would register for the DV Lottery during the annual registration period that usually occurs in October and check to learn if he or she was randomly selected as a winner the following May (a person normally has to participate in the DV-Lottery more than one year before being selected).
  • After being randomly selected in the DV-Lottery, the winner living in the USA would file the Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS along with supporting documents and pay the governmental fee(s).
  • If approved, USCIS would adjust the status of the applicant from Temporary Protected Status to Lawful Permanent Resident (LPR) status and a US Green Card would be issued.

How Can Undocumented Students Become Legal?

One way that undocumented students from certain eligible countries who are already living in the USA can become legal is by being granted Temporary Protected Status (TPS) and then applying for either non-immigrant status or lawful permanent resident (LPR) status (if they satisfy the eligibility requirements).

Temporary Protected Status (TPS) is generally granted to individuals from particular eligible countries who are currently living in the USA and cannot return to their home country because of an environmental disaster (such as a hurricane or earthquake), armed conflict (for example, civil war) or another extraordinary, but temporary, situation there.

Citizens from around 16 countries who are already living in the USA and meet the criteria can apply for TPS (2024): Venezuela, El Salvador, Haiti, Honduras, Ukraine, Nepal, Syria, Nicaragua, Myanmar, Afghanistan, Yemen, Cameroon, Sudan, Ethiopia, Somalia and South Sudan. 

Temporary Protected Status (TPS) is generally granted for up to 18 months and may be renewed (if the person’s country is still on the list of countries whose citizens are eligible for TPS).

Individuals with TPS generally cannot be deported from the US, may receive travel permission, and are able to get an Employment Authorization Document (EAD) to legally work in the USA.

An example of how an undocumented student can become legal via TPS would be a situation in which he or she is granted TPS, graduates from a university or college in the United States and then applies for a temporary US work visa or an employment-based Green Card from within the USA (this normally requires the applicant to receive a qualifying job offer from a US employer who then files a petition to hire a foreign worker with USCIS).

Another pathway for an undocumented student to become legal in the US could be to apply for asylum within 12 months of entering the United States, since immigration status is not a factor when applying for asylum. 

A non-American citizen may apply for asylum to seek protection in the US due to suffering persecution or fear of suffering persecution because of their membership in a certain social group, nationality, political opinion, race or religion.

For example, a family might flee to the United States and then apply for asylum within 12 months of their arrival; a student in that family might attend school in the USA while the family’s asylum case is under review; and 12 months after being granted asylum, the student could apply to USCIS for a Green Card through adjustment of status.  

Conclusion

An illegal immigrant can become legal in the United States if he or she is granted political asylum; indirectly via Temporary Protected Status (which does not prohibit a person from applying for legal non-immigrant or immigrant status if they qualify); marriage to an American citizen; cancellation of removal/deportation by a US immigration judge; or through programs for foreign nationals who served honorably in the US military. 

Nevertheless, individuals who overstay their US visa, enter the United States illegally (for example, without inspection) or who otherwise violate the immigration laws of the USA (for example, working in the USA illegally with a visitor visa; making false statements on a US visa application; or being inadmissible) are subject to civil penalty, imprisonment, deportation and/or being banned from entering the United States for some period of time in the future.

It is important to understand that there are many different US visa programs for non-immigrants (such as student visas and work visas) as well as for immigrants (such as Green Cards granted based on family sponsorship, employment and the Diversity Visa Lottery Program).

Each US visa program has its own eligibility requirements and application procedure.

How can you know which US visa program is right for you and your family?

USAFIS can provide you with a US Visa Assessment that will let you know which immigrant and/or non-immigrant US visa(s) you are best-suited to apply for.

You can also receive guidance in preparing the documents required for the application procedure if you qualify.

START YOUR PROCESS NOW!

Frequently Asked Questions (FAQ’s)

It may be possible to get a Green Card if you are illegal in the United States, however, it can be a difficult process. Possible pathways for an illegal immigrant to become legal in the USA could include seeking asylum; marriage to an American citizen; cancellation of removal/deportation by a US immigration judge; programs for foreign nationals who served in the US military; and indirectly via Temporary Protected Status (TPS) which does not prohibit applying for non-immigrant or immigrant status.

There are many ways to immigrate to the US legally, including through family sponsorship by a US citizen or permanent resident; employment-based Green Card programs; and the Diversity Visa Lottery (DV-Lottery) Program. There are also several ways to enter the US legally with a temporary non-immigrant US visa, including student visas and temporary work visas.

It may be possible through adjustment of status to get a Green Card if you are illegal in the United States. One way for an illegal immigrant to become legal through adjustment of status is to marry an American citizen, who then sponsors the undocumented immigrant for a family sponsorship Green Card. Another way to get a Green Card if you are undocumented is to apply for asylum within 12 months or arriving in the USA and then apply for a Green Card through adjustment of status 12 months after living in the USA with official asylum status. Individuals with Temporary Protected Status (TPS) are permitted to apply for a Green Card through adjustment of status if they qualify (for example, through an employment-based Green Card program, family sponsorship or the Diversity Visa Program).

The amount of time required for an immigrant to get a Green Card depends on which Green Card program he or she applies for, his or her country of citizenship, education and other factors. In general, it takes at least 12-18 months for an immigrant to get a Green Card, but it could take several years in some cases.

The quickest way to get a Green Card is potentially through the Diversity Visa Lottery Program, if randomly selected the first time that one participates and if the consular process is completed successfully. A person generally has to participate more than one year in the DV-Lottery before being randomly selected by computer as a winner. Marriage to an American citizen and employment-based (EB) Green Card programs (such as the EB-1) can also be relatively fast routes to a Green Card. 

A person with a valid non-immigrant US visa (such as a temporary work visa or student visa) can live in the USA while waiting for a Green Card through adjustment of status. Additionally, someone who has been granted asylum or refugee status in the United States can live in the USA for 12 months and then apply for a Green Card through adjustment of status. Individuals with Temporary Protected Status (TPS) are allowed to live in the USA while waiting for Green Card approval (for example, if they apply for adjustment of status through a family sponsorship or employment-based Green Card program). If a US immigration judge cancels a removal/deportation order, the individual will generally be able to remain in the USA and apply for a Green Card.

For new US permanent residents moving to the USA from abroad, it generally takes up to 90 days to get a Green Card after arriving in the United States when the online Immigrant Fee was paid before entering the US. In the event that a new US permanent resident paid the online Immigrant Fee to USCIS after they entered the USA, it generally takes up to 90 days from the date the online Immigrant Fee was paid to get a Green Card. When someone living in the USA is granted lawful permanent resident (LPR) status through adjustment of status, he or she should generally expect to receive the Green Card within about 60 days (the Welcome Notice will be mailed and then the Green Card will be sent separately soon afterwards).

It is possible to get a Green Card in the USA without marriage through one of the employment-based (EB) Green Card programs (such as the EB-1, EB-2 and EB-3); other family sponsorship options; the Diversity Immigrant Visa Program (DV-Lottery); and indirectly by seeking asylum (a person can apply for a Green Card after living in the USA for 12 months with official asylum status).

An illegal immigrant, undocumented worker and illegal alien all refer to a non-American citizen who is living in the USA illegally, such as by overstaying a US visa, entering the USA without inspection or parole, or violating US immigration law in some other manner (such as working in the USA illegally with a visitor visa).

This depends on various factors. Individuals living in the USA who have been granted Temporary Protected Status (TPS) who also satisfy the eligibility requirements for the Diversity Visa Lottery (also called the Green Card Lottery) are allowed to apply. The two main requirements to apply for the Green Card Lottery are: (1) to be born in a country whose natives are eligible to participate (some TPS countries are not eligible); AND (2) to have completed at least 12 years of primary and secondary education OR to have at least two years of qualifying work experience in the past five years. The annual registration period for the Green Card Lottery normally occurs in October and the results are usually made available the following May.

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