Navigating the complex U.S. immigration process can be daunting. Today, we will talk about 7 surprising ways to legalize your status in the United States if you’ve entered illegally.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

How to Get a Green Card if You Entered Illegally

See this topic on our YouTube channel – 7 SURPRISING Ways To LEGALIZE Your Status!

There are several so-called “loopholes” in the U.S. immigration laws that may allow you to apply for a green card even though you entered the United States illegally or without inspection.

1. Asylum

Many people seek asylum in the U.S. every year because they have suffered persecution or fear that they may suffer persecution on a racial, religious, national, political, or social basis in their country of origin.

This option is very difficult and you will need the help of an experienced immigration lawyer if you want to pursue it. Our team of New York immigration lawyers can help you with any questions or concerns, so please do not hesitate to reach out to us.

We also have a more in-depth blogpost on Seeking Asylum as an Overstayed Visa Option if you are interested in finding out more about this complex green card path.

2. Violence Against Women Act (V.A.W.A.)

The Violence Against Women Act of 1994 (VAWA) provides noncitizens who have been abused by their U.S. citizen or lawful permanent resident (LPR) partner the ability to independently petition for themselves or self-petition for a green card without their abuser’s knowledge, consent, or participation in the immigration process.

In order to apply for a green card as a VAWA self-petitioner, you must be an immediate relative of a U.S. citizen or lawful permanent resident, specifically:

• A spouse, intended spouse, or former spouse of an abusive U.S. citizen or LPR partner. If you and your abusive spouse are divorced, or if your spouse is deceased, you must apply as a VAWA self-petitioner within 2 years of the marriage ending.
• A child under the age of 21 of an abusive U.S. citizen or LPR parent – in some cases, children up to the age of 25 are allowed to apply under VAWA as well, but they will need to provide proof that the late filing is a result of the abuse at the hands of their parent.
• A parent of an abusive U.S. citizen or LPR child who is at least 21 years of age.

So, if you are a victim of this type of domestic violence, and you entered the U.S. without lawful entry, consider this pathway for a green card. Our team at McBean Law sees these cases often, so consider reaching out to us for assistance during your immigration journey.

We also have a more detailed blogpost on VAWA Petitions as an Overstayed Visa Option if you are interested in learning more.

3. U-Visa For Crime Victims

The U-Visa for victims of criminal activity was created by Congress in October 2000 with the passage of the Victims of Trafficking and Violence Petition Act (also including the Battered Immigrant Women’s Protection Act). It is also known as the U nonimmigrant status, and its legislation was intended as a way to strengthen the ability of law enforcement to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes.

It was also intended to protect victims of these crimes who have suffered mental or physical abuse as a result of crime, and who are willing to help law enforcement during these investigations.

The wait time for this green card option is quite long, as it can take between 5 to 7 years on average for it to be processed. Still, it is a viable pathway for those eligible under the terms and conditions outlined by USCIS.

4. Visa For Human Trafficking Victims

The T-Visa for victims of human trafficking, otherwise known as T nonimmigrant status, is a temporary immigration benefit that allows eligible victims of severe human trafficking to remain in the U.S. for an initial period lasting up to 4 years. The victim must comply with any reasonable request for assistance by law enforcement in the detection, investigation, and prosecution of human trafficking or qualify for an exemption/exception.

For details on what constitutes “severe” human trafficking, as well as the eligibility criteria, please visit the official USCIS guidelines page and consult with an experienced immigration lawyer for any questions and concerns you may have related to this option.

5. Cancellation of Removal

If you are in immigration court and going through removal proceedings, you may be able to get a green card if you entered the U.S. illegally. You can do this by applying for cancellation of removal; If you meet all the requirements for this option, you may be eligible for a 10 year green card through an immigration judge.

Speak with an experienced immigration lawyer to see if you would qualify for this green card option. The two main factors are: 1) You have to be in the U.S. for a minimum of 10 years and 2) You must have a qualifying U.S. citizen or green card holder relative.

6. Section 245(i) Amnesty

Section 245(i) of the Immigration and Nationality Act (INA) allows certain individuals who are present illegally in the U.S. and would not normally qualify for adjustment of status to obtain lawful permanent residence.

To qualify for this, you must have had an old petition that was filed by April 30, 2001 – and you must be mentioned in this petition. For example, if a relative of yours was going through the green card process at that time and mentioned you as a qualifying relative.

This is a very complex topic, so consulting with an experienced immigration lawyer is essential. Our team of New York immigration lawyers at McBean Law can take a look at your record and would be more than happy to answer any questions you may have.

7. Parole In Place (P.I.P.)

Parole in Place allows immediate family members of individuals in the United States Armed Forces to apply for green cards in the U.S.

According to USCIS, getting your P.I.P. approved means that you do not accrue unlawful presence during the specified period, and you may apply for documents such as a work permit and, most importantly, a green card.

Planning Your Roadmap to Success

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.