For the most part, green cards issued by United States Citizenship and Immigration Services (USCIS) are reserved for immigrants who either plan to enter the United States legally or have already done so. Under certain circumstances, however, it may still be possible for you to help a loved one who did not undergo inspection when they came to the United States to get a green card—or for a loved one to help you get one if you did not undergo inspection when entering the United States.
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Many people ask, can I sponsor an illegal immigrant for a green card?
According to U.S. immigration law, you cannot directly sponsor an illegal immigrant for a green card. To be eligible for a green card, an individual must have legal immigration status in the United States. Undocumented immigrants don't have legal status in the United States and, therefore, cannot be sponsored for a green card.
But it is important to note that this rule has certain exceptions. Certain undocumented immigrants may be eligible for sponsorship.
For example, if an undocumented immigrant entered the country legally and then later became undocumented, they may be eligible for a green card through a process called adjustment of status. This process allows individuals who are already in the United States to apply for lawful permanent residency without having to leave the country. In concurrent filing scenarios, it's also possible to receive a green card interview while I-130 is pending — applicants should understand this is normal and not a warning sign.
Applicants who qualify should be aware that the I-485 processing time for this application can span many months, depending on the service center and case complexity.
Another viable option is if they are victims of a crime and will willingly help law enforcement in the crime's investigation or prosecution. They may be eligible for a U.S. visa. This visa provides temporary legal status and work authorization to victims of certain crimes.
While it is not possible to sponsor an undocumented immigrant for a green card, there are other avenues available for individuals who are seeking legal status in the United States.
Either way, sponsoring an undocumented immigrant for a green card is a complicated process that takes a lot of work. Even a fully approved green card can be green card revoked after 5 years through rescission proceedings if USCIS determines the original approval was improper. With help from a qualified immigration attorney, you could have a much better chance of getting the outcome you are looking for and keeping your family together within the United States.
Anyone who intends to sponsor someone else for a green card must fill out and submit an affidavit of support. This affidavit is essentially a legal contract between the sponsor, the person who is filing for someone to get a green card, and USCIS. Once signed, sponsors are legally obligated to provide financial support for the green card holder until they become a lawful permanent resident of the United States.
This financial liability goes far beyond just food and shelter. As the person sponsoring any foreign national for a green card, you are responsible for every aspect of that person’s financial life.
There are a lot of requirements you must fulfill to legally sponsor anyone for a green card.
A potential sponsor must file the affidavit of support regardless of whether the applicant is documented or not. If a green card applicant is undocumented, steps in this process can become a lot more complicated for both parties. In most cases, the green card applicant you are sponsoring may have to leave the country before they can have their application processed.
If removal has already occurred or a family member is in custody, our ICE detainee locator guide walks you through how to locate a detained family member step by step. If an undocumented green card applicant has a pending application for an immigrant visa or has already had one approved, they can file for Form I-601A Provisional Waiver that—if accepted—would keep their previous unlawful presence from impacting their ability to return to the United States.
According to the Pew Research Center, there are an estimated 10.5 million undocumented immigrants living in the United States as of 2021. Each year, USCIS processes thousands of adjustment of status applications, including cases where U.S. citizens or lawful permanent residents sponsor an undocumented immigrant spouse or immediate family member. However, these cases can be complex, and the wait times vary. In 2022, the average processing time for family-based green card applications was 12 to 24 months, with additional time added if the undocumented immigrant requires a waiver or consular processing.
An immigration attorney could talk more about the options available to you if you are sponsoring an undocumented immigrant for a green card or if you are an undocumented applicant seeking a sponsor.
We can help you with this. If you have questions or want to learn more about our citizenship and immigration services, give us a call at 314-310-1325, or you can email us at [email protected].
