Can You Still Get a Green Card If You Entered the U.S. Without a Visa? Here’s What You Need to Know

If you entered the United States without a visa — maybe you crossed the border without inspection — you might be wondering if there’s still a way to get legal status. The short answer? Maybe. It depends on your situation, who you’re married to or related to (if anyone), and how long you’ve been in the U.S.

What Does “Entered Without a Visa” Actually Mean?

Let’s get this clear first. If you came into the U.S. without being inspected at a port of entry — meaning no interaction with an immigration officer, no visa, no stamp — that’s called “entry without inspection” or EWI. It’s different from overstaying a visa. Overstaying means you came in legally, then stayed past your authorized time. EWI means you were never admitted legally in the first place.

That distinction matters. Because if you weren’t admitted properly, the path to a green card gets trickier.

Option 1: Adjustment of Status (Only for Some)

Normally, if you’re married to a U.S. citizen, you can “adjust status” — meaning apply for a green card from inside the U.S. But there’s a catch.

You usually need to have entered the U.S. legally to qualify for adjustment of status. So, if you entered without a visa, this path is not available to most people. But there are exceptions.

Exception: 245(i) Protection

If someone filed a petition or labor certification for you or a parent before April 30, 2001, you might qualify under something called Section 245(i). This rule allows you to adjust status even if you entered without inspection — if you meet all the requirements and pay a penalty fee.

This exception is rare, but it’s life-changing if it applies to you.

Exception: Parole in Place for Military Families

If you’re the spouse, parent, or child of a U.S. citizen or lawful permanent resident who is currently serving or has served in the U.S. military, you might be eligible for Parole in Place (PIP). This program "paroles" you into the U.S. and allows you to stay in the U.S. in 1-year increments and potentially adjust status without leaving the country, even if you entered without a visa.

If this could apply to your family, do not wait. It’s a powerful option.

Option 2: Consular Processing (Most Common Path)

If you entered without inspection and you don’t qualify for an exception, your green card process will likely happen through consular processing. That means applying from outside the U.S., typically at a U.S. consulate in your home country.

But here’s the problem: once you leave the U.S., you could trigger a 3- or 10-year bar from returning, depending on how long you were unlawfully present. That’s where waivers come in.

I-601A Provisional Waiver: A Lifeline for Many

If you’re married to a U.S. citizen or permanent resident, you may be eligible for an I-601A waiver. This waiver can forgive your unlawful presence and allow you to re-enter the U.S. legally after your visa interview abroad.

To get this waiver approved, you have to prove that your U.S. citizen or green card–holding spouse or parent would suffer extreme hardship if you weren’t allowed to come back. It’s not easy, but many families win their waivers with the right legal help and documentation.

One important thing: don’t leave the U.S. until your waiver is approved. If you do, you could be stuck outside for years.

Other Waivers for Misrepresentation or Prior Deportation

If you used a fake name, passport, or visa to enter the U.S., you may also need a waiver for misrepresentation (I-601). If you were previously deported and re-entered illegally, the situation becomes much more complicated and may involve a permanent bar — which means you can’t apply for a green card for at least 10 years, and only with special permission (called an I-212 waiver).

Each of these situations involves serious legal consequences. But even then, there may still be a path forward. Every case is different.

Why You Shouldn’t Do This Alone

The biggest mistake we see? People filing the wrong forms or traveling outside the U.S. without understanding the legal risks. One wrong move can cost you years of separation or even a permanent ban.

At Tran Flores Law, we’ve helped many families with complex immigration histories. Whether it’s consular processing, waiver strategies, or figuring out if an old petition under 245(i) can still help you, we’ll take a close look at your options.

Conclusion: There May Still Be Hope — But You Need a Strategy

Yes, entering the U.S. without a visa complicates things. But that doesn’t mean all hope is lost. From waivers to old petitions to military family benefits, there are legal tools that might apply to your situation — if you use them the right way.

If you or a loved one entered the U.S. without a visa and want to explore a green card, don’t guess your way through it. Call Tran Flores Law at (512) 894-9984 to schedule a consultation. We’ll help you map out the smartest and safest path forward.