Entering the U.S. without legal inspection—also known as illegal entry—can create serious immigration challenges. Many immigrants wonder: Can I fix my status after entering illegally? The short answer is: it depends. While difficult, it is not impossible. Let’s explore the main legal paths that may be available and when it’s essential to seek help.
Adjustment of Status: Not Usually an Option Without Legal Entry
For most people who entered the U.S. illegally, adjustment of status (getting a green card without leaving the country) is generally not possible—even if you marry a U.S. citizen. However, there are exceptions.
Section 245(i) of the LIFE Act allows certain immigrants to adjust status in the U.S. if someone filed an immigrant petition or labor certification for them (or a parent or spouse) on or before April 30, 2001. This path requires paying a penalty fee but avoids the need to leave the U.S.
Leaving the U.S.? Be Aware of the 3- or 10-Year Bar
Many people must leave the U.S. to apply for a visa through consular processing. But this carries risks—if you have been unlawfully present for more than 180 days, leaving can trigger a 3- or 10-year bar from returning.
To overcome this, you may apply for a waiver of inadmissibility (Form I-601A or I-601). These waivers are granted if you can show that your U.S. citizen or permanent resident spouse or parent would suffer extreme hardship without you. Unfortunately, hardship to children alone is not enough, though their needs can support your case.
Special Cases: Asylum, Military Families, and More
Some immigrants may be eligible for asylum if they fear persecution or torture in their home country. Even those who entered illegally may apply, but timing is crucial.
If you are the spouse, child, or parent of a U.S. military member, you may qualify for parole in place, which allows adjustment of status without leaving the country.
Marriage to a U.S. Citizen Isn’t Always Enough
Many believe that marriage to a U.S. citizen automatically fixes their status, but this is not true for those who entered illegally. Unless you qualify under Section 245(i) or parole in place, you’ll likely need to leave the U.S. and apply for a waiver and visa abroad.
Fixing Your Status Requires Legal Guidance
The process to fix your status is complex and often risky. Making the wrong move could result in long-term separation from your family or a permanent bar from the U.S. That’s why speaking with an experienced immigration attorney is essential before taking any action.
Need Help Fixing Your Status? Contact J. Molina Law Firm
At J. Molina Law Firm, we understand how difficult it can be to navigate immigration law after an illegal entry. We’ll evaluate your options and guide you through every step—because your future matters. Contact us today for a confidential consultation.
