Introduction
One of the most frequently asked questions by immigrants seeking legal status in the United States is whether it's possible toget a green card through marriageafter entering the country illegally. In this article, we'll walk through the step-by-step process ofapplying for a green card through marriageas of 2025, especially for those who have crossed the border without inspection, and the exceptions that may apply to them.
Does the Manner of Entry Affect Green Card Eligibility?
Yes. The way an individual enters the U.S. directly affects thegreen card application through marriageprocess. Particularly, those categorized as "arriving aliens" or grantedparolestatus experience a different legal path compared to those who entered unlawfully and without any documentation.
How to Apply for a Green Card as an Arriving Alien
If someone enters the U.S. legally through a port of entry with inspection, they may be considered an "arriving alien." In some cases, these individuals canadjust status within the U.S.and apply for a green card. However, eligibility depends on their legal history and other factors.
Parole and the Green Card Process
Certain individuals allowed into the U.S. for humanitarian reasons under section 212(d)(5)—referred to asparolees—may also qualify toapply for a green card through marriage. However, not all types of parole qualify for this benefit, and careful case-by-case analysis is required.
Green Card Through VAWA (Violence Against Women Act)
Spouses of U.S. citizens who have suffered abuse or domestic violence can file for agreen card under VAWAwithout needing the abuser's participation.
Key documentation includes:
- Proof of a bona fide marriage
- Evidence of physical or emotional abuse
These applications can be completed without leaving the U.S., and the protection is available toboth men and women.
Can You Get a Green Card if You Entered the U.S. Illegally?
Generally, individuals whoentered the U.S. without inspectionare not eligible to adjust status directly. However, somegreen card through marriagecases can still proceed under certain exceptions:
Step 1: Marriage Petition – Form I-130
The U.S. citizen spouse must file Form I-130 to establish the legitimacy of the marriage. This step is required inall green card through marriage timelinescenarios and may include an interview.
Step 2: Removal Proceedings & Waiver Applications (I-601, I-601A)
If the applicant is inremoval (deportation) proceedings, the following options might be available:
- Administrative closureof the case
- Dismissalof proceedings
These practices were more common in the past but have faced restrictions in recent years.
After receiving a removal order, the applicant may need to:
- Apply forpermission to reapply for admissionusing Form I-212
- Request astay of removal
In many cases, awaiver applicationmust be submitted before receiving a green card. Forms I-601 or I-601A require proving that the applicant's U.S. citizen or green card-holding spouse or parent would sufferextreme hardshipwithout them.
This is often a legally and emotionally complex process that demands extensive documentation and persuasive personal narratives.
Step 3: Consular Processing and Immigrant Visa
If the applicant isineligible to adjust status within the U.S., they may have to leave the country and apply at a U.S. consulate abroad.
This phase includes:
- Exiting the U.S.
- Attending a visa interview at a consulate
- Returning to the U.S. on an immigrant visa if approved
⚠️Warning:Consular processing carries significant risks. If the visa is denied, the individual may face amulti-year ban from reentering the U.S.
Conclusion
So,can someone who entered illegally get a green card through marriage? The short answer is:it depends on the situation.
Although the general rule is that unlawful entry preventsadjustment of status, certain pathways still exist:
- Green card through marriage to a U.S. citizen
- VAWA protections
- Parole or arriving alien status
- Waiver applications for inadmissibility
Given the legal complexity, navigating this process without proper guidance can lead to denial or deportation. Working with an experienced immigration attorney significantly improves the chances of a successful outcome when trying toapply for a green card through marriage.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
