Can I Get a Green Card If I Entered the US Without Papers?

Entering without inspection (EWI) — crossing the border without a visa or being inspected by a customs officer — creates significant obstacles to getting a green card. But it does not make a green card impossible in every case. The options depend on who can petition for you and your full immigration history.

Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536

Last reviewed: July 2, 2026

Under INA § 245(a), you can only adjust status inside the US if you were 'inspected and admitted or paroled.' If you entered without inspection, you generally do not meet this requirement and cannot adjust status inside the US, even if you marry a US citizen.

If you have a qualifying family member (US citizen spouse, parent, or child over 21) who can petition for you, you may be able to pursue consular processing. This means you leave the US, attend a consular interview in your home country, and re-enter with an immigrant visa. The problem is that if you have been unlawfully present in the US for more than 180 days, departing triggers a 3-year bar (for 180+ days) or 10-year bar (for 1+ year) on re-entry.

The I-601A provisional unlawful presence waiver can forgive the bar before you leave. To qualify, you must have an approved I-130, you must be an immediate relative of a US citizen, and you must show extreme hardship to a qualifying US citizen or permanent resident relative. If approved, you can depart, attend the consular interview, and re-enter without the bar being enforced.

The bottom line: EWI does not automatically bar you from a green card forever, but it does significantly complicate the process. Consulting an attorney before taking any steps — especially before departing the US — is essential. Call (310) 554-4630.

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