People travel to the United States without legal authorization for a variety of reasons. If you entered the country illegally but want to apply for a green card, you may be wondering about your legal rights and options. Immigration law is complex, so the answer depends heavily on the specific circumstances of your situation. For more information and to secure the help of an experienced legal professional, continue reading and speak with a knowledgeable Queens green card lawyer today.

What is a Green Card?

A green card is an official document that grants the cardholder legal permanent residence status in the United States. It allows the individual to live and work permanently in the country and serves as proof of this status.

Can I Apply for a Green Card if I Entered the U.S. Illegally?

An individual who entered the United States illegally, as in, without inspection, generally is not eligible for a green card. When an immigrant attempts to procure a green card while inside the country, they need to go through an adjustment of status process. However, adjusting status requires a lawful entry into the U.S. Those who were not inspected do not have any status and therefore are ineligible for the process.

Are There Exceptions to This Rule?

While federal immigration law requires green card applicants to have been inspected and admitted at a port of entry, certain exceptions exist. For example, Section 245(i) of the Immigration and Nationality Act (INA) enables certain immigrants who are present in the country and who would not normally qualify for adjustment of status to obtain a green card, regardless of how they entered the U.S.

To qualify for this exception, you must be the beneficiary of a labor certification application or immigrant visa petition filed on or before April 30, 2001. If you are admissible to the U.S. and complete Supplement A to Form I-485 and apply under the provisions of Section 245(i), you may be able to obtain a green card.

Another notable exception is a green card through registry. This immigration law allows certain individuals who have been present in the United States since January 1, 1972, to apply for permanent residence even if they are in the country unlawfully. If you meet the following criteria, you may be eligible for this process:

  • You entered the U.S. prior to January 1, 1972
  • You have continuously resided in the U.S. since your entry
  • You are of good moral character
  • You are not ineligible for naturalization
  • You are not removable or inadmissible under Section 237(a)(4)(B) or Section 212(a)(3)(E) of the INA or for another criminal or immoral reason

Immigration law can be extremely complex, so it is important that you explore all of your options when attempting to procure a green card. Reach out to a skilled immigration attorney for more information and legal guidance during this time.