The O-1 visa is a unique U.S. immigration option for...
Read MoreCAN UNDOCUMENTED BORDER CROSSERS GET A GREEN CARD THROUGH MARRIAGE?
Yasin Bilgehan Akalan
Attorney at Law
Immigration Law Expert – Akalan Law Firm
One of the most frequently asked questions by immigrants seeking legal status in the United States is whether it’s possible to get a green card through marriage after entering the country illegally. In this article, we’ll walk through the step-by-step process of applying for a green card through marriage as of 2025, especially for those who have crossed the border without inspection, and the exceptions that may apply to them.
Yes. The way an individual enters the U.S. directly affects the green card application through marriage process. Particularly, those categorized as “arriving aliens” or granted parole status experience a different legal path compared to those who entered unlawfully and without any documentation.
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 can adjust status within the U.S. and apply for a green card. However, eligibility depends on their legal history and other factors.
Certain individuals allowed into the U.S. for humanitarian reasons under section 212(d)(5)—referred to as parolees—may also qualify to apply for a green card through marriage. However, not all types of parole qualify for this benefit, and careful case-by-case analysis is required.
Spouses of U.S. citizens who have suffered abuse or domestic violence can file for a green card under VAWA without 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 to both men and women.
Generally, individuals who entered the U.S. without inspection are not eligible to adjust status directly. However, some green card through marriage cases can still proceed under certain exceptions:
The U.S. citizen spouse must file Form I-130 to establish the legitimacy of the marriage. This step is required in all green card through marriage timeline scenarios and may include an interview.
If the applicant is in removal (deportation) proceedings, the following options might be available:
Administrative closure of the case
Dismissal of 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 for permission to reapply for admission using Form I-212
Request a stay of removal
In many cases, a waiver application must 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 suffer extreme hardship without them.
This is often a legally and emotionally complex process that demands extensive documentation and persuasive personal narratives.
If the applicant is ineligible 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 a multi-year ban from reentering the U.S.
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 prevents adjustment of status, certain pathways still exist:
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 to apply for a green card through marriage.
Generally no, but there are exceptions involving waivers and consular processing.
Yes, but the process includes Form I-130, a hardship waiver (Form I-601 or I-601A), and likely a consular interview.
Yes, if the specific type of parole qualifies under immigration law.
If they meet eligibility requirements, they may adjust status within the U.S.
Anyone abused by their U.S. citizen or green card-holding spouse. This applies to both women and men.
It’s a legal request to forgive certain grounds of inadmissibility—such as illegal entry—when extreme hardship to a U.S. citizen relative can be proven.
It’s the immigrant petition filed by a U.S. citizen spouse to prove a bona fide marriage and begin the green card through marriage timeline.
The applicant leaves the U.S. and attends an immigrant visa interview at a consulate. If approved, they return with a visa.
Yes. Denial could result in a long-term bar from entering the U.S.
Absolutely. Due to the complex legal procedures and high stakes, working with an immigration attorney is strongly recommended for anyone trying to get a green card through marriage.
The O-1 visa is a unique U.S. immigration option for...
Read More
The U.S. asylum process is a critical pathway for individuals...
Read More
Marriage alone doesn’t guarantee a green card—especially if you entered...
Read More
Divorce During the Green Card Application Process Through Marriage The...
Read MoreAkalan Law Firm, PLLC
All Rights Reserved © 2024
