Can a person who entered the country unlawfully obtain a green card through marriage?

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Many people wonder whether it is possible to obtain permanent residence in the United States through a spouse after entering through the border. In most cases, when a person was not lawfully admitted to the country, meaning they did not enter with a visa or with parole, they cannot adjust status within the United States, even if they are married to a U.S. citizen. Generally, these situations require a consular process, which means the case may begin in the United States, but the person will eventually need to attend an interview at a U.S. consulate outside the country. Additionally, if the person has accumulated more than 180 days of unlawful presence, they may need to apply for an immigration waiver before continuing with their process. However, there are some exceptions, such as when a person entered with parole or may qualify for a special type of parole, which could allow them to apply for permanent residence from within the United States. If you have questions about your immigration process or would like to evaluate your options, we invite you to contact our office for legal guidance.