I entered the United States illegally a few years ago. Can I obtain a green card and immigration status? How do I go about this?

I had to get away from my home country in Mexico because I felt my life was in danger. I have been working doing labor for cash and I have not filed taxes or obtained a license. Is it possible to obtain my Green Card without getting in trouble?

Answers (1)

Undocumented workers face many obstacles in obtaining a green card, especially given the current economic situation and anti-immigration sentiment.  However, pursuing green card legibility as an illegal immigrant is possible depending upon the particular circumstances.  Under Section (212)(a)(6) of the Immigration and Nationality Act as promulgated by the Department of Homeland Security (DHS), those who enter the States outside a legal port of entry or violate other immigration laws are considered inadmissible.  However, immigrants deemed inadmissible may seek a waiver under additional provisions of Section (212). 

Particularly, asylees and refugees may file Form I-602, Application by Refugee for Waiver of Grounds of Excludability.  Under the current U.S. Citizenship Immigration Services policy, an adjudicator has the discretion to grant a waiver even without Form I-602.  Also if DHS determines that parole is warranted for humanitarian reasons, an illegal immigrant may apply for temporary protected status.

Additionally, asylum may be granted to those physically in the country, even if they entered illegally.  Form I-589, Application for Asylum and for Withholding of Removal.  However, an applicant must file within one year of the last arrival in the U.S.  An illegal alien can seek asylum past the one-year limitation upon showing extraordinary circumstances that prevented him or her from filing on time.

For any illegal immigrant obtaining a green card, there is always the risk of deportation.  For this reason, consult an immigration attorney who can determine if your particular circumstances provide you admissibility under the humanitarian waiver or whether you are eligible to apply for asylum.

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