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Can We Still Apply For A Green Card If My Partner Is Undocumented?

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Applying for a green card is often seen as a straightforward process, especially based on marriage. However, when one spouse is undocumented, things can become more complicated. Immigration laws require both partners to meet specific eligibility requirements, which means your partner’s undocumented status could present some challenges. But does that mean you cannot apply for a green card? Not necessarily. Keep reading to understand what options are available if your partner is undocumented.

Obtaining a green card for undocumented spouses

Can an Undocumented Spouse Still Apply for a Green Card?

The short answer is yes—but the process depends on several factors. If your spouse entered the U.S. legally but overstayed their visa, they may still be eligible to apply for a green card through an adjustment of status.

If they enter the country without inspection, the process becomes more complex and may require additional steps, including waivers or consular processing.apply for a green card

Legal Entry vs. Unlawful Entry: Why Does It Matters?

One of the most important factors in determining eligibility is how your spouse entered the country. If they entered legally (such as with a visa) but are now undocumented due to an expired visa, they may qualify for adjustment of status. This means they could apply for a green card without leaving the U.S. On the other hand, if your spouse entered unlawfully, they may need to apply for a waiver before proceeding with the application.

Immigration laws for marriage-based cases

Green card obtaining services for married couples

The I-601A Provisional Waiver: What You Need to Know

If your undocumented spouse entered the U.S. without inspection, they may need an I-601A provisional waiver before applying for a green card. This waiver is designed to forgive the unlawful presence and allows them to apply for a green card without facing an automatic bar from re-entering the U.S. To qualify, you must prove that separating would cause extreme hardship to the U.S. citizen or lawful permanent resident spouse.

Consular Processing for Marriage-Based Green Cards

If your spouse entered the U.S. unlawfully, they might have to go through consular processing. This means they must leave the U.S. and attend an interview at a U.S. embassy or consulate in their home country.

While this process can be nerve-wracking, obtaining the necessary waiver can help ensure their successful return to the U.S. as a lawful permanent resident.

Will My Spouse Face a Bar from Re-Entering the U.S.?

A common concern for couples in this situation is whether the undocumented spouse will face a ban from re-entering the U.S. Typically, if someone has been in the U.S. unlawfully for more than 180 days but less than a year, they may face a three-year bar.

If they have been in the country unlawfully for more than a year, they could face a ten-year bar. However, applying for a waiver can help overcome these barriers.

Marriage-Based Green Cards: Evidence of a Real Relationship

When applying for a marriage-based green card, proving your marriage is genuine is crucial. This is especially important when one partner is undocumented, as the government closely scrutinizes evidence in such applications. You must provide documentation, such as joint bank accounts, lease agreements, photos, and friends and family affidavits, to prove your marriage is legitimate.

The Role of an Immigration Attorney in Your Case

Given the complexities of applying for a green card with an undocumented spouse, consulting an immigration attorney is highly recommended. An experienced immigration attorney can help assess your case, determine eligibility, file necessary waivers, and guide you through the process to avoid costly mistakes.

Securing Your Green Card as a Couple

If you are in this situation, here are the steps you should take:

Citizenship applications by Colavecchio & Colavecchio Law

Determine how your spouse entered the U.S. – This will impact their eligibility and the process they must follow.
Gather evidence of your marriage. – The stronger your case, the smoother your application process will be.
Check for possible waivers. – If your spouse entered unlawfully, determine if they qualify for a waiver.
Consult an immigration attorney. – Professional legal advice can help you avoid missteps that could delay or jeopardize your application.

Waiver of inadmissibility for green card applicants

Conclusion

While having an undocumented spouse can make the green card process more complicated, it does not mean it is impossible. Understanding your options and taking the right steps can increase your chances of a successful application. If you are ready to begin the process, consider consulting an immigration attorney today to get personalized guidance personalized to your unique situation.

Colavecchio & Colavecchio: Green Cards for Undocumented Spouses

Immigration law can be complex, especially when you’re trying to get a green card for a spouse who’s undocumented. It’s understandable to feel overwhelmed. Colavecchio & Colavecchio Law is the expert in adjusting status and will guide you through every step of the process.

Our experienced immigration attorneys will work closely with you, providing personalized solutions for your situation. Contact us today to book a consultation for our citizenship and immigration services!