You’re Not Alone, and There May Be a Path Forward
If you entered the United States without a visa or without going through an official port of entry, and you’re now married to a U.S. citizen, you’re likely feeling a mix of hope and fear. You want to build a life here legally, but you’re worried that your entry without inspection has closed the door permanently.
The truth is this: yes, it is possible to obtain a green card through marriage to a U.S. citizen even if you entered without a visa—but the path is more complex, and it requires careful legal planning. This article will walk you through your options, the obstacles you’ll face, and the steps you need to take to protect your future.
Can I Get a Green Card If I Entered Without a Visa But Married a U.S. Citizen?
Yes, but usually not from inside the United States.
When you entered without inspection (EWI)—meaning you crossed the border without being processed by immigration officials—you are typically not eligible for adjustment of status, which is the process that allows people to get their green card without leaving the U.S.
Instead, most people must apply through consular processing, which requires leaving the U.S. and attending an immigrant visa interview abroad.
The complication:
Leaving the U.S. after more than 180 days of unlawful presence can trigger a 3-year or 10-year reentry bar, unless you qualify for and receive a waiver in advance.
What Are My Legal Options for Getting a Green Card?
1. Consular Processing (Most Common Route)
For people who entered without inspection, consular processing is the standard route:
- Your U.S. citizen spouse files Form I-130 (Petition for Alien Relative) with USCIS
- Once approved, your case transfers to the National Visa Center (NVC)
- You attend an immigrant visa interview at a U.S. consulate in your home country
- If approved, you receive an immigrant visa and can return to the U.S. as a lawful permanent resident
The challenge: If you’ve been in the U.S. unlawfully for more than 180 days (after age 18), leaving the country triggers a 3-year or 10-year reentry bar. This is where the I-601A waiver becomes essential.
2. I-601A Provisional Unlawful Presence Waiver
The I-601A waiver allows you to apply for forgiveness of your unlawful presence before you leave the U.S. for your consular interview.
Who qualifies:
- You must have a U.S. citizen or lawful permanent resident spouse or parent
- You must show that your qualifying relative would suffer extreme hardship if you are denied reentr
Important limitations:
- The I-601A only forgives unlawful presence
- It does not forgive criminal issues, fraud, or prior deportation orders
An approved waiver significantly reduces the risk of being stuck outside the U.S., but it does not guarantee visa approval.
3. Adjustment of Status (Only in Rare Cases)
Adjustment of status may be possible only in limited situations, such as:
- 245(i) protection based on an old petition filed before April 30, 2001
- Parole in Place for certain military families
These exceptions apply to very few people. Most individuals who entered without inspection must pursue consular processing.
What Is “Extreme Hardship”?
The I-601A provisional unlawful presence waiver requires proof of “extreme hardship” to a U.S. citizen spouse or parent.
This is a legal standard that goes beyond normal emotional or financial difficulty and must be supported by individualized, documented evidence. Many waiver applications are denied because the hardship claim is too generic or poorly supported.
Because waiver approval is critical to avoiding long-term separation, these cases should be prepared carefully with professional guidance.
How Long Does the Process Take?
Processing times vary widely depending on USCIS backlogs and waiver complexity. In many cases, the full process — from filing the I-130 to returning to the U.S. as a permanent resident — takes approximately four to five years.
Waiver cases often take longer, and delays are common. Because timelines change frequently, it’s important to plan for uncertainty rather than rely on exact estimates.
What Risks and Mistakes Should I Avoid?
- Leaving the U.S. without an approved waiver.
Departing before your I-601A is approved can trigger a 3- or 10-year reentry bar and leave you stuck outside the U.S. - Misrepresenting your entry or immigration history.
Providing false information — even out of fear — can result in permanent inadmissibility. - Underestimating prior immigration or criminal issues.
Past deportations, prior entries without inspection, or even minor criminal convictions can require different waivers or make approval impossible. - Submitting a weak waiver application.
Generic or poorly documented hardship claims are a leading cause of denial.
Because the consequences of error are severe, these cases should be approached strategically, not rushed.
When Should You Talk to an Immigration Attorney?
You should consult an experienced immigration attorney if any of the following apply:
- You entered the U.S. without inspection
- You’ve been unlawfully present for more than six months
- You have any criminal history, even if it seems minor
- You’ve been deported or ordered removed in the past
- You’re unsure which waiver or process applies to your situation
An attorney can identify hidden risks, determine the safest strategy, and help you avoid mistakes that could permanently affect your ability to remain in the U.S.
We offer a free screening call with our intake specialist. Schedule yours today.
Final Thoughts: Your Path Forward Starts With Information and Action
Marriage to a U.S. citizen can create a path to permanent residence — even after unlawful entry — but the process is not automatic, and the stakes are high.
Most people who entered without inspection must pursue consular processing, often with an I-601A waiver. Leaving the U.S. without proper preparation can result in years-long separation, while prior immigration or criminal issues can add significant complexity.
Every case is unique. What seems impossible may be solvable with the right strategy — and what looks simple can become risky without guidance.
If you’re ready to understand your options and protect your future, speaking with an experienced immigration attorney is the most important first step.
Frequently Asked Questions (FAQ Schema)
Q: Can I get a green card if I entered without a visa but married a U.S. citizen?
A: Yes, but usually not from inside the United States. When you entered without inspection, you typically cannot adjust status in the U.S. Instead, you must apply through consular processing, which requires leaving the U.S. and attending an immigrant visa interview abroad.
Q: What is the I-601A waiver and do I need one?
A: The I-601A is a provisional waiver that forgives unlawful presence before you leave for your consular interview. You need it if you’ve been unlawfully present for more than 180 days after age 18, to avoid triggering 3-year or 10-year reentry bars when you leave the U.S.
Q: How long does it take to get a green card through marriage if I entered illegally?
A: The full process typically takes approximately four to five years from filing the I-130 to returning to the U.S. as a permanent resident. Waiver cases often take longer, and processing times vary widely depending on USCIS backlogs and case complexity.
Q: What happens if I leave the U.S. before my I-601A waiver is approved?
A: Departing before your I-601A is approved triggers the 3-year or 10-year reentry bar immediately and can leave you stuck outside the U.S. for that entire period. Never leave before receiving waiver approval.
Q: What does “extreme hardship” mean for immigration purposes?
A: Extreme hardship is a legal standard that goes beyond normal emotional or financial difficulty. It must be proven through individualized, documented evidence showing your U.S. citizen spouse or parent would suffer significantly if you’re denied reentry.
