If your parents brought you to the U.S. illegally, you may have several options to gain legal status depending on your specific circumstances:
- Family-based adjustment of status
- Special Immigrant Juvenile Status (SIJS)
- U visas for crime victims
- Asylum and refugee status
- Deferred Action for Childhood Arrivals (DACA) – only for renewals rather than new applicants
- Temporary Protected Status (TPS)
- Waivers of inadmissibility
- Registry for long-term residents
- Cancellation of removal
Living without legal status can create significant challenges and uncertainty. You may face barriers to employment, education, and healthcare, along with the constant fear of deportation, which could separate you from your family. These risks only increase the longer you wait to take action.
The good news is that you don’t have to face this alone.
Our team of compassionate and experienced immigration lawyers is here to help. We’ll evaluate your situation, guide you through the process, and fight for the best possible outcome so you can build a secure future.
Our immigration lawyer in Miami Beach is here to help you take the first step toward legal status.
Can illegal immigrants become citizens?
Yes, illegal immigrants can sometimes become U.S. citizens, but the process is challenging. It often requires first obtaining legal status through specific pathways, like family petitions, asylum, or special programs. Each case is different, and lawful entry is typically a key factor in determining eligibility.
How can an undocumented person become legal in the US?
Undocumented individuals are people living in the U.S. without legal immigration status. This can happen if they enter the country without being inspected and admitted by an immigration officer or if they overstayed a valid visa.
While being undocumented presents challenges, there are legal pathways available to gain lawful status in the U.S.
Over the next sections, we’ll explore 10 ways an undocumented person might become legal in the U.S:
1. Family-based adjustment of status: Can undocumented immigrants get a green card?
Family-based adjustment of status allows certain immediate relatives of U.S. citizens or lawful permanent residents to apply for a green card.
However, eligibility depends on factors like lawful entry, family relationships, and specific exceptions for those who entered without inspection.
What is a family-based petition, and who qualifies as an immediate relative?
A family-based petition allows U.S. citizens or lawful permanent residents to sponsor their relatives for a green card. Immediate relatives are given priority in the immigration process because visas are always available for them.
Immediate relatives include:
- Spouses & siblings of U.S. citizens.
- Children under 21 of U.S. citizens.
- Step-parents and step-children can file for each other as long as the marriage with the natural parent occurred before the child’s 18th birthday.
- Parents of U.S. citizens, if the sponsoring child is 21 or older.
Lawful entry requirement for adjustment of status
For most undocumented individuals to adjust their status to a green card, they must have entered the U.S. lawfully. This means they were inspected and admitted at a port of entry or entered with valid documentation, like a visa.
Why it matters:
- Proof of lawful entry is a critical requirement for adjustment of status because it shows that the person followed the proper entry process.
- Without lawful entry, adjustment of status is not typically allowed unless specific exceptions apply (like Section 245(i)).
Challenges for undocumented immigrants:
- Individuals who entered without inspection (EWI) are generally not eligible for adjustment of status.
- They may need to look for alternative options, such as consular processing combined with waivers for unlawful presence.
Section 245(i): An exception for those who entered without inspection
Section 245(i) provides a pathway for certain undocumented immigrants to adjust their status, even if they entered without inspection. It is a rare provision but can be life-changing for those who qualify.
Eligibility criteria:
- Qualifying petition: A family-based or employment-based petition must have been filed on your behalf on or before April 30, 2001.
- Physical presence: In most cases, you must have been physically present in the U.S. on December 21, 2000.
- Penalty fee: You must pay a penalty fee to overcome the unlawful entry.
Note: Eligibility for Section 245(i) is very specific, and not all undocumented immigrants will qualify.
Let our Kendall immigration lawyer guide you through your immigration journey with care and expertise, whether you need help filing family petitions, determining Section 245(i) eligibility, or applying for waivers.
2. Special Immigrant Juvenile Status (SIJS): How can an undocumented student become legal?
Special Immigrant Juvenile Status (SIJS) is a pathway for undocumented children and young adults under 21 who have been abused, neglected, or abandoned by one or both parents. It provides an opportunity to apply for a green card and gain lawful status.
Note: For us to be able to support you as a juvenile, you need to be barred in the state you are in.
Below are the options an undocumented student can explore, including SIJS and other relevant pathways:
- Special Immigrant Juvenile Status (SIJS): Students who qualify for SIJS must have a juvenile court order confirming that they cannot reunify with one or both parents due to abuse, neglect, or abandonment. This is a unique option specifically for vulnerable youth.
- Asylum: Students fleeing persecution in their home countries due to race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum to gain legal status.
- Family sponsorship: If the student has a U.S. citizen or lawful permanent resident family member, they may be eligible for a family-based petition to obtain a green card.
- Employment-based immigration: Students with specific skills, talents, or job offers may qualify for visas like the H-1B or other employment-based immigration pathways.
- DACA (Deferred Action for Childhood Arrivals): Undocumented students who came to the U.S. as children may be eligible for DACA, which provides temporary protection from deportation and work authorization.
- U Visa or T Visa: Students who have been victims of certain crimes or trafficking may qualify for these visas, which can lead to legal status.
- Temporary Protected Status (TPS): Students from countries experiencing conflict, natural disasters, or other crises may be eligible for TPS, which provides temporary legal status and work authorization.
We work closely with a state attorney to obtain the necessary juvenile court order. Once this has been received, we work with you to handle all aspects of the SIJS application and file the green card application.
Our team ensures the process is smooth and efficient, providing the guidance you need every step of the way.
3. U visas for crime victims
What is a U visa and who is eligible?
The U visa isan immigration benefit for victims of specific crimes, such as domestic violence, human trafficking, or assault, who have suffered substantial physical or mental harm. To qualify, applicants must prove (through police or hospital records) that they were victims of a qualifying crime, and that the crime occurred in the U.S. or violated U.S. laws.
This visa provides protection and support for victims while encouraging them to cooperate with law enforcement.
Cooperation with law enforcement
A key requirement for the U visa is that victims must cooperate with law enforcement in the investigation or prosecution of the crime. They must obtain a certification from a law enforcement agency, prosecutor, or judge confirming that they have been helpful, are currently helpful, or are likely to be helpful in solving the crime.
Without this certification, the U visa application cannot proceed.
Benefits of the U visa
The U visa provides temporary legal status, work authorization, and the opportunity to apply for a green card after three years of holding U visa status. Additionally, certain family members, such as spouses and children, may be included in the application, offering relief for the entire family.
We assist victims in gathering the necessary evidence to support their U visa applications. Our team works closely with law enforcement agencies to secure the required certification and ensures that every part of the application is completed accurately and efficiently. Let us help you secure the legal protections and opportunities you deserve.
4. Asylum and refugee status
What are asylum and refugee status, and who is eligible?
Asylum and refugee status are forms of protection granted to individuals who fear persecution in their home countries due to their race, religion, nationality, membership in a particular social group, or political opinion. Refugee status is typically granted to individuals outside the U.S. seeking entry, while asylum is for those already in the U.S. or at the border.
Both statuses aim to provide safety to individuals fleeing danger or oppression.
The one-year filing deadline for asylum applications
To apply for asylum, individuals must file their application within one year of arriving in the U.S. However, there are exceptions for extraordinary circumstances, such as severe illness, trauma, or changes in the applicant’s home country that occurred after their arrival.
Missing this deadline can significantly limit options for legal relief, so it’s important to act quickly and with proper guidance.
Pathway to a green card for asylees
After one year of holding asylum status, asylees can apply for a green card to become lawful permanent residents. They must demonstrate continued eligibility for asylum and meet specific requirements, such as physical presence in the U.S. during the entire year.
This pathway offers a stable and long-term solution for individuals seeking safety and a new beginning in the U.S.
Our team provides experienced legal counsel to prepare and submit asylum applications. We work with you to gather compelling evidence of persecution, ensure your application meets strict filing deadlines, and guide you through the process of transitioning from asylum status to a green card. Let us help you secure the protection and stability you need.
5. Deferred Action for Childhood Arrivals (DACA)
What is DACA, and who is eligible?
DACA is a program that provides temporary protection from deportation and work authorization to individuals who came to the U.S. as children. To qualify, applicants must meet strict requirements, such as arriving in the U.S. before their 16th birthday, continuously residing in the U.S. since June 15, 2007, and being under the age of 31 as of June 15, 2012.
Applicants must also demonstrate good moral character and meet educational or military service criteria.
Benefits and limitations of DACA
DACA offers significant benefits, including temporary protection from deportation, work authorization, and eligibility for certain state-level benefits like in-state tuition. However, it has limitations, as it does not provide a direct path to citizenship or permanent residency.
For some, DACA recipients may use advanced parole, a special travel permit, to leave and reenter the U.S. lawfully, which can sometimes help them adjust their status under specific immigration categories.
Our team is experienced in assisting with all aspects of DACA applications, including renewals and advanced parole requests. We ensure your application is accurate and complete, helping you maximize the benefits of DACA and explore pathways to lawful status.
6. Temporary Protected Status (TPS)
What is TPS, and who qualifies?
Temporary Protected Status (TPS) is a temporary immigration status granted to individuals from certain countries experiencing armed conflict, environmental disasters, or other extraordinary conditions that make it unsafe to return.
Countries are designated for TPS by the U.S. government, and eligibility is limited to nationals of those countries who meet specific criteria, such as continuous physical presence in the U.S. since the program’s start date.
Benefits and limitations of TPS
TPS provides protection from deportation, work authorization, and eligibility for travel permits (advance parole) while the status is in effect. However, TPS is not a pathway to permanent residency or citizenship.
It offers temporary legal status for as long as the TPS designation remains active, but recipients must reapply during each re-registration period to maintain their status.
We guide clients through every step of the TPS application and renewal process, ensuring applications are complete and submitted on time. Our team also helps explore other pathways to legal status, such as adjustment of status or family-based petitions, that may become available to TPS holders.
7. Waivers of inadmissibility
What are waivers of inadmissibility, and who needs them?
Waivers of inadmissibility are legal tools that allow individuals to overcome barriers to entering or remaining in the U.S., such as unlawful presence, certain criminal history, or fraud in prior immigration applications. These waivers are essential for individuals who are otherwise inadmissible but have a valid reason to seek legal status, such as family sponsorship or adjustment of status.
The I-601A provisional waiver
The I-601A provisional waiver is specifically designed for individuals with unlawful presence in the U.S. who must leave the country for consular processing. This waiver allows eligible applicants to address their inadmissibility for unlawful presence before departing, reducing the risk of long-term separation from their families.
To qualify, the applicant must demonstrate that their absence would cause “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident relative, such as a spouse or parent.
Our team specializes in crafting strong waiver applications by gathering compelling evidence to prove extreme hardship and addressing any additional concerns that might arise during the process. We guide you through each step, ensuring your waiver is filed accurately and efficiently to improve your chances of approval.
8. Registry for long-term residents: How long does it take for an illegal immigrant to become legal?
The time it takes for an undocumented individual to become legal depends on the type of legal status they are pursuing. Here’s an overview of the different pathways and their timeframes:
- Naturalization: For individuals who already hold a green card, it typically takes 5 years of permanent residency to apply for U.S. citizenship (or 3 years if married to a U.S. citizen). The naturalization process itself may take an additional 6–12 months after filing the application.
- Green card: For those eligible for family- or employment-based sponsorship, the timeframe varies depending on visa availability. Immediate relatives of U.S. citizens may take 1–2 years, while other family or employment categories could take several years, depending on quotas and backlogs.
- Cancellation of removal: For undocumented individuals in removal proceedings, this process may take years as it requires proving 10 years of continuous presence in the U.S., good moral character, and exceptional hardship to a qualifying relative. The timeline depends on the immigration court’s schedule.
- Refugee status: Those granted refugee status must wait 1 year before applying for a green card. The process of becoming a lawful permanent resident may take an additional 6–12 months after filing.
What is registry, and who is eligible?
Registry is a rarely used provision in U.S. immigration law that allows long-term residents to apply for a green card if they have continuously lived in the U.S. since before January 1, 1972. To qualify, individuals must demonstrate good moral character and prove their continuous presence in the U.S. during this period.
How registry provides a pathway to legal status
Registry offers a direct pathway to a green card for individuals who meet the strict eligibility criteria, regardless of their current immigration status. This means that even if someone entered the U.S. without inspection or overstayed a visa, they can still qualify for a green card if they have continuously resided in the U.S. since before January 1, 1972, and meet other requirements like demonstrating good moral character. Unlike most immigration processes, registry does not require sponsorship by a family member or employer, making it a unique option for long-term residents.
9. Cancellation of removal: Can an illegal immigrant become legal after 10 years?
Yes, an undocumented individual can potentially become legal through cancellation of removal if they have lived in the U.S. for at least 10 years. However, this option is only available during removal proceedings and requires meeting strict eligibility criteria, including proving significant hardship to qualifying family members.
What is cancellation of removal, and who qualifies?
Cancellation of removal is a form of relief that allows undocumented individuals in removal proceedings to apply for legal permanent residency (a green card). To qualify, applicants must meet the following criteria:
- Continuous physical presence: You must have lived in the U.S. for at least 10 years before applying.
- Good moral character: You must show you have not committed serious crimes or engaged in behavior that would disqualify you.
- Exceptional and extremely unusual hardship: You must prove that your deportation would cause significant hardship to a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child.
These requirements are rigorous, making it key to present detailed evidence that fully supports your case.
Why is cancellation of removal limited to removal proceedings?
Cancellation of removal is only available to individuals who are already in removal proceedings before an immigration judge. It cannot be pursued outside of this context. Because the process requires meeting strict criteria—such as proving exceptional hardship to a U.S. citizen or LPR relative and continuous residence—it demands a strong, well-documented case to succeed. Immigration judges carefully evaluate these applications, and any weaknesses in the evidence can result in denial.
Our team has extensive experience representing clients in removal proceedings. We work to build strong cases by gathering evidence of your continuous presence, good moral character, and the extreme hardship your deportation would cause your family. We advocate aggressively on your behalf to secure cancellation of removal and help you move toward lawful permanent residency.
Additional reading: how to find a good immigration lawyer
No matter your situation, we have an immigration attorney here to listen to you and to help. Please book a consultation with us at your earliest convenience.
What does it mean to be undocumented in the U.S.?
Who is considered undocumented?
An undocumented person is someone living in the U.S. without legal immigration status. This can happen in two main ways: entering the country without inspection or overstaying a valid visa. Unlike those with temporary or permanent legal status, undocumented individuals do not have authorization to remain in the country and are at risk of deportation.
Common misconceptions about being undocumented
One common misconception is that all undocumented immigrants entered the U.S. illegally. In reality, many arrived legally on visas (e.g., tourist or student visas) but became undocumented when they overstayed. Conversely, others entered without inspection, meaning they crossed the border without being admitted by an immigration officer.
These distinctions matter because lawful entry can sometimes open pathways to legal status, whereas entering without inspection generally requires more complex solutions.
Challenges undocumented immigrants face
As immigration lawyers, we understand the many challenges undocumented individuals face, such as limited access to legal protections, public benefits, and work opportunities. Without permits like DACA, many struggle to meet basic needs like education, healthcare, or housing.
Fear of deportation often prevents them from reporting crimes, seeking medical help, or asserting their rights. Despite these barriers, we’ve seen how undocumented individuals contribute to their communities while enduring a precarious legal situation.
Incidentally, reporting crimes could actually help their situation through collaboration with the law, and crime victims can apply via a U Visa.
Additional reading: how can I fix my parents papers if they entered illegally
Why our legal advice is critical for undocumented immigrants
Immigration law is complex and ever-changing
Understanding and dealing with U.S. immigration laws can be overwhelming for undocumented immigrants. The legal pathways to gain lawful status often involve intricate rules, strict deadlines, and eligibility criteria that vary based on individual circumstances. Without a thorough understanding, it’s easy to make mistakes that could jeopardize your case.
How we help undocumented immigrants find the best pathway
At our firm, we focus on identifying the best pathway for your unique situation. Whether it’s family-based petitions, waivers, or programs like DACA, we review your case thoroughly and provide personalized advice. Our team handles every aspect of your application, ensuring accuracy and compliance so you can feel confident in moving forward.
Avoid risks of applying without proper guidance
Filing for immigration benefits without legal support can lead to mistakes that trigger serious consequences, like bars to re-entry or denied applications. We guide you through the process to minimize risks and ensure your case is as strong as possible. With us by your side, you can avoid costly errors and focus on achieving your goals.
Schedule a consultation with our immigration lawyer in Miami, and let us help you take the next step toward legal status.
FAQs
What is the impact of unlawful presence on becoming legal?
Unlawful presence can create significant barriers to gaining legal status, such as triggering 3- or 10-year reentry bars if you leave the U.S. Certain waivers or special provisions, like the I-601A waiver, may help overcome these barriers, but eligibility depends on your specific circumstances.
How long does it take for an undocumented person to become legal?
The timeline depends on the legal pathway. Family-based green cards can take 1–2 years for immediate relatives, while DACA and TPS renewals are quicker. Other processes, like asylum or cancellation of removal, may take several years due to application backlogs and court schedules.
What happens if I entered the U.S. illegally multiple times?
Multiple unlawful entries can make you subject to a permanent bar, which is one of the most severe consequences in immigration law. While the bar is difficult to overcome, options like waivers may be available in very limited situations. Legal guidance is essential to explore any potential solutions.
What are my options if I face deportation?
If you’re in removal proceedings, options may include cancellation of removal, asylum, or adjustment of status if you qualify. A strong case, including evidence of hardship or persecution, is critical to success. Seeking legal support promptly can help you present the strongest defense against deportation.
Can I travel outside the U.S. if I’m undocumented?
Undocumented individuals generally cannot travel outside the U.S. without risking deportation or triggering reentry bars. However, programs like DACA or TPS may allow you to apply for advance parole, which permits temporary travel and lawful reentry under specific circumstances.