I Entered the U.S. Illegally — Can I Still Get a Green Card Via Marriage?Entered the U.S. without inspection & married a U.S. citizen? LaGrone Law explains your options (I-601A provisional waivers).
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I Entered the U.S. Illegally — Can I Still Get a Green Card Via Marriage?Entered the U.S. without inspection & married a U.S. citizen? LaGrone Law explains your options (I-601A provisional waivers).

  • Jun 14
  • 2 min read

If you entered the United States without authorization — crossing the border without going through an official port of entry, for example — and are now married to a U.S. citizen, your situation is more complex than a typical marriage-based green card case. But complex does not mean impossible. Many people in your exact situation have successfully obtained green cards. Here is what you need to understand.

 

The Core Challenge: Adjustment of Status

 

In most cases, to adjust your status inside the United States, you need to have been "inspected and admitted or paroled" by an immigration officer. If you crossed without inspection (sometimes called "EWI" — Entry Without Inspection), you do not meet this requirement and generally cannot adjust status inside the U.S.

 

What Are Your Options?

 

Option 1: Consular Processing with a Waiver Your U.S. citizen spouse can file the I-130 petition on your behalf. Once approved, you would leave the U.S. and attend a consular interview in your home country. However, because you accrued unlawful presence, you will likely need to apply for a waiver of inadmissibility.

 

Option 2: Form I-601A — Provisional Unlawful Presence Waiver Before departing the U.S., you can apply for a provisional waiver (Form I-601A) to reduce the time you spend outside the country. If approved, you leave once your appointment is scheduled, attend your consular interview, and return faster. This waiver is only available if you can show that denial would cause extreme hardship to your U.S. citizen spouse, children, or parents.

 

The Risk of Leaving

 

Leaving the United States with 1 year or more of unlawful presence triggers a 10-year bar from returning. This is why strategic legal planning is so critical before you take any steps.

 

Our Promise to You

 

Your story is not just a file number to us. At LaGrone Law, we understand the courage it took to build your life here, and we will fight to find you the best path forward. Your family deserves to stay together.

 

Contact LaGrone Law for a confidential case review.


 
 
 
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