Green Card Options for Those Without Status in the U.S.

Living in the United States without immigration status can be both frightening and exhausting. Many couples fear what might happen if they take a step forward, while others keep waiting for immigration laws or processing times to improve. Yet every day without status brings more uncertainty and risk. It’s natural to feel afraid of making a mistake in the immigration process. But choosing to wait often creates more stress than solutions. Each day without legal status leaves individuals vulnerable to deportation and separation from loved ones. Filing an immigration case, on the other hand, begins the journey toward security. Every small step moves a couple closer to lawful permanent residence and a future free from constant worry.

Option 1: Adjustment of Status for Those Who Entered with a Visa

For individuals who entered the United States with a visa, such as a tourist or student visa, and later overstayed, the Adjustment of Status process may be available. This path allows a person to apply for a green card while remaining in the U.S. if they are married to a U.S. citizen or, in some cases, have a U.S. citizen child over the age of 21.

The process involves submitting a detailed application package that includes a family petition, green card request, affidavit of support, medical exam, and evidence of the relationship. After filing, applicants are scheduled for an interview at a local immigration office where they’ll answer questions about their relationship and immigration history. When approved, they become lawful permanent residents without having to leave the country.

Option 2: The Provisional Waiver for Those Who Entered Without Documents

Individuals who entered the U.S. without inspection generally must leave the country to complete the green card process. However, the Provisional Waiver (Form I-601A) offers a way to seek forgiveness before departing. This waiver asks immigration authorities to pardon the time spent in the U.S. without legal entry or status, based on proving that a U.S. citizen or lawful permanent resident spouse, or in some cases, a parent, would suffer extreme hardship if the applicant were denied.

Once the waiver is approved, the applicant attends an interview at a U.S. consulate in their home country. Most are abroad for only a few weeks before returning as lawful permanent residents. This process brings both courage and hope to families ready to move forward after years of uncertainty.

Taking the First Step Toward Stability

Understanding these two main paths—Adjustment of Status and the Provisional Waiver—helps couples see that there are options, even when the situation feels hopeless. Every case is unique, and what matters most is getting clear, personalized legal guidance before making a decision. An immigration attorney helps couples identify which path applies to their unique situation, avoid mistakes that cause delays, and prepare strong evidence of their relationship and hardship. With a compassionate advocate guiding each step, the process becomes less confusing and more manageable.

If you or your partner are living in the U.S. without status, you don’t have to face this journey alone. Schedule a consultation today to begin your path toward peace, stability, and a future together in the United States.