What options are available to me to obtain my Green Card if I entered the United States without inspection?

*Options to Obtain a Green Card*

If you entered the United States without inspection and have a qualifying family member or employer who is willing to sponsor you for a green card, the following options may be available to you to obtain your green card:

1. 245(i) Adjustment – If you, your parents (when you were under the age of 21), or your spouse or former spouse, were the beneficiary of a qualifying immigrant visa petition (I-130, I-360 or I-140) or application for labor certification filed on or before April 30, 2001, you may be eligible to adjust your status under section 245(i) of the Immigration & Nationality Act as a grandfathered alien.
   
2. I-601A Provisional Unlawful Presence Waiver – If you have been sponsored for a green card by your spouse, child, parent, or employer, but are ineligible to adjust your status in the United States because you do not have proof of your entry into the United States, you may be eligible to file an application for a provisional unlawful presence waiver with USCIS while you are in the United States. This waiver is also available if you overstayed your visa and are seeking to adjust your status in a preference category, or you entered the United States as a K-1 fiancé or crewman.
   
   Approval of the provisional unlawful presence waiver will allow you to travel outside the United States to attend your Embassy interview without triggering the 3/10-year unlawful presence bar and then return to the United States as a green card holder once the Embassy issues an immigrant visa to you. You are eligible to apply for a provisional unlawful presence waiver if you can show extreme hardship to your U.S. citizen or Lawful Permanent parent(s) and/or spouse. Children are not included as qualifying relatives for a provisional unlawful presence waiver.
   
3. Military Parole-in-Place – If you entered the United States without inspection and you are the spouse, widow(er), parent, son or daughter of an active-duty or veteran of the U.S. armed forces or Selected Reserve of the Ready Reserve, you may be eligible to obtain an entry document (I-94) from USCIS allowing you to apply to adjust your status in the United States.
   
4. Victims of Abuse (VAWA Self-Petition) – If you entered the United States without inspection and you have been the victim of battery or extreme cruelty committed against you by a U.S. citizen / Permanent Resident spouse or former spouse, a U.S. citizen / Permanent Resident parent, or a U.S. citizen son or daughter, you may be eligible to apply to adjust your status in the United States based on your self-petition for a green card under the provisions of the federal Violence Against Women Act.
   
5. Victims of Crimes (U-visa) – If you entered the United States without inspection and you have been a victim of certain crimes, have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity, you may be eligible to apply for U nonimmigrant status (U visa). You will be eligible to apply for your green card after holding U visa status for three years.
   
6. Victims of Trafficking (T-visa) – If you entered the United States without inspection and you have been a victim of a severe form of human trafficking (sex trafficking and/or labor trafficking) and have assisted law enforcement in an investigation or prosecution of human trafficking, you may be eligible to apply for T nonimmigrant status (T visa). T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
   
7. Cancellation of Removal (Non–Lawful Permanent Resident) for Individuals in Removal Proceedings – If you are in removal proceedings, you may be eligible for non-LPR cancellation if you have been continuously residing in the United States for at least 10 years prior to the issuance of the Notice to Appear placing you in removal proceedings, you have been a person of good moral character, you have not been convicted of certain criminal offenses, and to deport you would cause exceptional and extremely unusual hardship to your LPR or U.S. citizen spouse, child, or parent. If you are granted non-LPR cancellation of removal, you will receive a green card.
   
   Individuals who entered the United States without inspection are eligible for non-LPR cancellation.

Please contact us to speak with an Attorney at Law MJ Kim LLC to determine whether you are available for any of the options listed above.