Many people living in the United States without legal status wonder if they can ever become permanent residents. This is a common and important question — and the answer is yes, but only in certain situations.
Undocumented immigrants can get a green card in some cases. However, eligibility depends on how the person entered the U.S., family relationships, immigration history, and whether any legal barriers apply.
This guide explains everything in simple terms, based on current USCIS rules, so you can understand your options clearly.
At myimmigration, we support immigrant rights, including green cards for undocumented immigrants. Our experienced immigration lawyers provide clear legal guidance for a wide range of immigration matters. If you or a loved one is facing an immigration issue, a lawyer consultation can help you understand your rights and options.
What Does “Undocumented Immigrant” Mean?
An undocumented immigrant is someone who is in the United States without lawful immigration status. This can happen in different ways, such as:
-
Entering the U.S. without inspection (crossing the border without permission)
-
Entering legally but overstaying a visa
-
Violating the terms of a visa
-
Having a denied immigration case and remaining in the U.S.
Being undocumented does not automatically mean you can never get a green card — but it does make the process more complex.
Learn more about the rights of undocumented immigrants in the U.S. in our comprehensive guide.
Can Undocumented Immigrants Get a Green Card?
Yes, some undocumented immigrants can get a green card, but not everyone qualifies.
Whether you are eligible depends on:
-
Your family relationships
-
How you entered the United States
-
Whether you have unlawful presence
-
Any criminal history or prior immigration violations
-
Whether a waiver is available
There is no single rule that applies to everyone. Each case must be reviewed individually.
Undocumented Immigrants Green Card Eligibility Categories
Undocumented immigrants may qualify for a green card under specific immigration categories.
Family-Based Green Cards
Family-based green cards is the most common path for undocumented immigrants.
You may qualify if you are an immediate relative of a U.S. citizen, such as:
-
A spouse of a U.S. citizen
-
A parent of a U.S. citizen (if the child is 21 or older)
-
An unmarried child under 21 of a U.S. citizen
Immediate relatives have special immigration benefits, including possible eligibility to apply for a green card without leaving the U.S. — but only if certain conditions are met.
Employment-Based Green Cards
Employment-based green cards are very difficult for undocumented immigrants.
Most employment categories require:
-
Lawful entry
-
Continuous legal status
In limited cases, employment sponsorship may still be possible with a waiver, but this is rare and requires legal guidance.
Humanitarian Immigration Options
Some undocumented immigrants may qualify through humanitarian protections, including:
-
Asylum
-
Refugee status
-
Special Immigrant Juvenile Status (SIJS)
-
Violence Against Women Act (VAWA)
-
U visa (crime victims)
-
T visa (human trafficking victims)
These options are not available to everyone, but they can provide a path to a green card even for undocumented individuals.
Can Illegal Immigrants Apply for the Green Card Lottery?
No. Undocumented or illegal immigrants cannot apply for the Diversity Visa (green card lottery).
The green card lottery requires applicants to:
-
Be eligible under immigration law
-
Apply from outside the U.S. or with lawful status
Applying for the lottery does not fix undocumented status and does not protect against deportation.
Barriers to Getting a Green Card
Even if you qualify under a category, immigration barriers may prevent approval.
Method of Entry into the United States
How you entered the U.S. is critical.
-
Lawful entry (with inspection): May allow adjustment of status
-
Entry without inspection: Often requires leaving the U.S. and applying abroad
Many undocumented immigrants entered without inspection, which creates legal challenges.
Unlawful Presence
Unlawful presence means time spent in the U.S. without legal status.
-
More than 180 days → 3-year bar
-
More than 1 year → 10-year bar
These bars are triggered when you leave the United States, which is why many undocumented immigrants are afraid to travel abroad.
Criminal History
Certain crimes can make someone inadmissible, including:
-
Drug offenses
-
Crimes involving moral turpitude
-
Aggravated felonies
Some crimes can be waived, while others permanently block eligibility.
Other Immigration Violations
Other issues that can prevent green card approval include:
-
Immigration fraud or misrepresentation
-
False claim to U.S. citizenship
-
Prior removal or deportation orders
Each violation must be reviewed carefully.
Qualifying for a Green Card Despite Barriers
Even with barriers, some undocumented immigrants still qualify.
Adjustment of Status Through Immediate Relatives
If you:
-
Are married to a U.S. citizen
-
Entered the U.S. legally
-
Have no disqualifying violations
You may be able to apply for a green card without leaving the U.S.
Waivers of Inadmissibility (I-601 and I-601A)
Waivers allow certain immigration violations to be forgiven.
-
Form I-601A: Provisional waiver for unlawful presence
-
Requires proof of extreme hardship to a U.S. citizen or permanent resident spouse or parent
Approval is not guaranteed, but many people qualify with strong documentation.
Special Protections That May Lead to a Green Card
Some undocumented immigrants qualify through special laws, including:
-
VAWA for abuse victims
-
U visas for crime victims who help law enforcement
-
T visas for trafficking victims
These programs exist to protect vulnerable individuals.
Consular Processing Risks for Undocumented Immigrants
If adjustment of status is not allowed, you may need consular processing outside the U.S.
Risks include:
-
Triggering unlawful presence bars
-
Denial at the U.S. embassy
-
Being unable to return to the U.S.
This is why legal advice is critical before leaving the country.
What Undocumented Immigrants Should NOT Do
-
Do not leave the U.S. without legal advice
-
Do not file immigration forms without understanding consequences
-
Do not rely on notarios or unlicensed advisors
One mistake can cause years of separation from family.
Step-by-Step: Is a Green Card Possible for You?
You may qualify if:
-
You have a U.S. citizen spouse or parent
-
You entered the U.S. legally
-
You qualify for a waiver
-
You are protected under humanitarian laws
If none apply, options may be limited — but a legal review is still important.
Frequently Asked Questions
Can undocumented immigrants get a green card without leaving the U.S.?
Sometimes, especially through immediate relatives or special protections.
Can an illegal immigrant apply for citizenship?
No. Citizenship requires a green card first.
How long does it take to get a green card?
Processing time varies from months to several years, depending on the case.
When to Speak With an Immigration Lawyer
Every undocumented immigration case is different. A qualified immigration lawyer can:
-
Identify eligibility
-
Assess risks
-
Help with waivers
-
Avoid costly mistakes
If you are undocumented and considering a green card, legal guidance can make all the difference.
Conclusion: Get Clear Answers for Your Situation
Every undocumented immigration case is different. While some undocumented immigrants can get a green card, others may face serious risks if they apply without understanding the law. Small details — such as how you entered the U.S., your family relationships, or past immigration history — can completely change the outcome of a case.
That’s why every case on our platform is reviewed with an immigration lawyer. A professional consultation can help you understand whether a green card is possible for you, what barriers may apply, and what steps to take next — before you risk delays, denials, or separation from your family.
If you are undocumented and unsure about your options, speak with an experienced immigration lawyer today to get clear, personalized guidance and protect your future in the United States.
