It’s widely believed that undocumented immigrants are unable to apply for green cards; however, that’s untrue. Select individuals with unlawful status can apply if they meet the requirements and complete the application process accurately. If you’re undocumented, learn if you qualify to receive legal permanent residency, work authorization, travel rights and the other life-changing benefits associated with a green card.
The facts
Undocumented immigrants are typically disqualified from obtaining a green card due to their unlawful status. However, some undocumented immigrants can apply for a Provisional Waiver of Inadmissibility to remove the disqualification if they can prove being separated from a U.S. citizen spouse or parent would cause extreme hardships.
An undocumented immigrant’s green card application process
Step 1: File Form I-130: Petition for Immediate Relative
To begin the process, your U.S. citizen spouse, parent or child must file a petition with U.S. Citizenship and Immigration Services to establish your intent to immigrate to the United States.
After approval, you need to pay your Department of State immigrant visa processing fee before you can file the I-601A.
Step 2: File Form I-601A: Application for Provisional Unlawful Presence Waiver
Once Form I-130 is approved, you must file a Provisional Waiver of Inadmissibility application and prove that a U.S. spouse or parent would face extreme hardships if separated from you.
73% of waiver applications filed in FY 2014 were approved.
Important note: Potential hardships faced by your U.S. citizen child does not meet the requirements for the waiver. This is the reason most undocumented immigrants can’t complete the green card process, since they don’t have a qualifying relative (U.S. citizen spouse or parent) that can prove the extreme hardship requirements of the waiver.
It takes about four to six months for the waiver to be approved.
Step 3: Complete Form DS-260: Application for Immigrant Visa
After your I-1601A waiver is approved, it’s time to file the application for an immigrant visa with the National Visa Center (NVC). The NVC will process your application and, if approved, will schedule your interview in your home country.
Step 4: Travel to your home country, and attend the interview
The final step in the application process is attending the in-person interview in your home country’s U.S. consulate or embassy. Soon after the interview, you’ll find out if you were approved. You are then issued an immigrant visa within a few days. After you re-enter the United States, you’ll receive your green card.
Learn more details about the Provisional Waiver of Inadmissibility, and discover if you’re eligible here. If you have any questions about the program, contact an immigration representative here.