Entering the United States without inspection can make it difficult for immigrants to obtain legal status. However, there are still several options available to adjust status, depending on the individual’s situation. Understanding these options is crucial for those looking to change their immigration status.
Adjustment of status through family sponsorship
One of the most common routes for immigrants seeking to adjust their status is through family sponsorship. If an individual has a U.S. citizen spouse, parent, or child, they may be eligible to apply for a green card. However, applicants who entered without inspection generally face the challenge of being ineligible for adjustment under the regular procedures. In some cases, they may need to leave the country and apply for a waiver to return legally.
Eligibility through employment-based visas
Immigrants without inspection may also be able to adjust their status through an employer-sponsored visa. This process typically requires the employer to file a petition on behalf of the immigrant. However, similar to family sponsorship, applicants who entered without inspection will face certain restrictions. In many cases, they will need to apply for a waiver or leave the U.S. to complete the process, depending on their specific circumstances.
Relief through asylum
Immigrants who entered the U.S. without inspection may also be eligible for asylum if they meet specific criteria. To qualify for asylum, individuals must demonstrate that they have suffered persecution or have a well-founded fear of persecution in their home country. Asylum applicants can apply for adjustment of status after one year of being granted asylum.
The I-601A provisional waiver
In some cases, immigrants who entered without inspection may be eligible for the I-601A provisional waiver. This waiver allows individuals to stay in the U.S. while awaiting approval for a green card, eliminating the need to leave the country. However, applicants must meet specific requirements, such as proving that their U.S. citizen family members would suffer extreme hardship if they were forced to leave.
