Can I Sponsor My Undocumented Spouse?

U.S. immigration law has long prioritized family unification, allowing U.S. citizens and lawful permanent residents (green card holders) to sponsor their immediate family members, including spouses, for lawful permanent residence.

If you’re a U.S. citizen or lawful permanent resident (green card holder) and your spouse is undocumented, you may wonder if sponsoring them for a green card is even possible?

The answer: Yes, in many cases you can sponsor your undocumented spouse, but the path to permanent residency can be complex, time-sensitive, and often emotionally difficult.

An estimated 1.2 million undocumented immigrants in the U.S. are married to U.S. citizens—and many more are married to green card holders. Applying for a marriage-based green card gives your spouse a legal path to permanent residency and eventual citizenship. But the process can be complex—especially if your spouse entered the U.S. without permission or overstayed a visa.

Whether they overstayed a visa or entered the U.S. without inspection, it is still possible in many cases to sponsor them for a green card—though the path can be more complex, risky, and time-sensitive. The role of the U.S. citizen spouse is crucial in navigating these legal pathways, which can include parole programs and other measures to ease obstacles to legal residency.

This guide explains everything you need to know, including how the process works, who qualifies, and what to do if your spouse has DACA, unlawful presence, or multiple entries.

Getting Married in the U.S. as an Undocumented Immigrant

Marriage in the United States is possible for undocumented immigrants—but there are some important legal and practical considerations depending on your and your partner’s immigration status. This guide will help you understand how to get married, what documents you may need, and how marriage can or cannot impact your immigration status.

Can Undocumented Immigrants Get Legally Married in the U.S.?

Yes. Most states allow undocumented immigrants to get married. However, since marriage licenses are issued at the county level, the process and document requirements can vary depending on where you live.

Key Requirements for a Marriage License

• You must apply through your local county clerk’s office
• At least one party typically needs to present valid government-issued identification
  • Acceptable IDs may include:
    • U.S. driver’s license
    • State ID
    • Passport (foreign passports often accepted)
    • Consular ID cards (accepted in some jurisdictions)
• You must meet age and marital status requirements (e.g., not currently married to someone else)

Important: Having a marriage license does not provide immigration status or protection from deportation.

If Both Spouses Are Undocumented Immigrants

If both people are undocumented, getting married is still legally possible, but documentation can be a challenge.

Common Obstacles

• Some counties may not accept foreign-issued identification
• Lack of Social Security Number may be flagged (some counties allow a signed affidavit in its place)

To increase your chances:

• Call or visit your county clerk’s office and ask what documents they accept
• Bring multiple forms of identification if possible
• If your county is strict, consider getting married in a neighboring county with more flexible requirements

Find your local county clerk

 

Does Marriage Automatically Give You a Green Card?

No. Marriage to a U.S. citizen does not automatically grant legal immigration status. A separate green card application process must be completed.

Green Card Sponsorship: The Basics

Here’s how a standard marriage-based green card process works:

• You and your spouse get married.
• As the U.S. citizen or green card holder, you file Form I-130 (Petition for Alien Relative) with USCIS.
• USCIS processes the petition and, if approved, starts the immigrant visa process.
• Your spouse may apply for a green card through adjustment of status (if eligible) or through consular processing (if outside the U.S.).
• If granted, your spouse receives a conditional green card valid for 2 years.
• This conditional status can lead to permanent resident status if certain conditions are met.
• You’ll need to jointly file Form I-751 to remove the conditions within 90 days of the card’s expiration.

But when your spouse is undocumented, additional legal hurdles can arise, especially if they entered illegally or overstayed a visa.

What Does It Mean to Be Undocumented?

An undocumented spouse may fall into one of the following categories:

• Entered the U.S. legally but overstayed their visa
• Entered the U.S. without inspection (e.g., crossing the border without authorization)
• Reentered the U.S. after deportation or multiple illegal entries

Each situation creates different legal consequences. Below, we explain each path.

Why Entry History Matters

Immigration options for your spouse will depend largely on how they first entered the U.S.

Lawful Entry (Inspected & Admitted)

• Entered the U.S. with a valid visa (e.g., tourist, student, work)
• Presented documentation at a port of entry and were admitted by a CBP officer
• Even if they overstayed their visa, this is still considered a lawful entry

Unlawful Entry (Entered Without Inspection)

• Crossed the border without a visa or formal entry process
• Did not go through customs or a port of entry
• This type of entry creates major obstacles to adjusting immigration status later

What If the Undocumented Spouse Entered Without Inspection?

If your spouse entered the U.S. without being inspected or paroled, they generally cannot apply for a green card from inside the U.S.—unless they qualify for special programs:

Possible Options Include:

• Parole in Place (PIP) for spouses of U.S. citizens (if available)
• Advance Parole + DACA (if your spouse is a DACA recipient and traveled legally)
• I-601A Waiver of Unlawful Presence—allows some spouses to apply for a green card abroad without triggering the 3- or 10-year reentry bar

Learn about applying for an I-601A waiver

Understanding the 3/10-Year and Permanent Reentry Bars

Even if someone has been living in the U.S. for years, overstaying a visa or entering without inspection creates “unlawful presence.” Here’s how that impacts their ability to get a green card.

Reentry Bars

Leaving the U.S. after accumulating unlawful presence may trigger:

Unlawful Presence	Reentry Ban
180–364 days	3-year bar
365+ days	10-year bar
Reentry after deportation or multiple unlawful entries	Permanent bar

INA 212(a)(9)(B) – Bars to Reentry

 

Avoiding These Penalties

• Apply for Advance Parole (if eligible).
• Use adjustment of status if last entry was legal.
• Apply for a waiver of inadmissibility based on extreme hardship.

Risks of Consular Processing

When your spouse leaves the U.S. to attend the interview, they could be:

• Denied reentry for 3–10 years if waiver is denied.
• Permanently barred if they have multiple immigration violations.

Always consult an immigration attorney before your spouse departs the U.S.

 

 

Quick Overview: Can You Sponsor an Undocumented Spouse?

Your Status	Spouse’s Entry	Can They Get a Green Card?
U.S. Citizen	Entered legally	Yes, from within the U.S. (Adjustment of Status)
U.S. Citizen	Entered illegally	Possibly, but usually must leave the U.S. and apply from abroad
Green Card Holder	Entered legally	Yes, but must wait for visa availability (F2A category) and must be in legal status when filing for adjustment of status
Green Card Holder	Entered illegally	Possibly, with a waiver and consular processing
Any Status	Entered illegally multiple times or reentered after deportation	Likely ineligible due to permanent bar

Let’s dive into the various scenarios!

 

If You Are a U.S. Citizen

1. If Your Spouse Entered the U.S. Legally but Overstayed

Good news: Your undocumented spouse may apply for a green card from inside the U.S. even if they overstayed a visa, as long as:

• They entered with inspection (through a visa, border inspection, or visa waiver program)
• You are a U.S. citizen

This process is called adjustment of status, and it allows your spouse to stay in the U.S. while applying. However, they should not leave the country during the process without Advance Parole. Doing so could trigger a 3- or 10-year bar depending on how long they were unlawfully present. Learn more about visa overstays and unlawful presence.

2. If Your Spouse Entered the U.S. Illegally (Without Inspection)

Your spouse may still qualify—but they’ll likely need to:

• Leave the U.S. to apply for a green card through consular processing
• Apply for a Provisional Unlawful Presence Waiver (Form I-601A) before leaving to avoid the 3- or 10-year reentry bar

Steps You’ll Take:

• Step 1: File Form I-130 with USCIS
• Step 2: After I-130 approval, receive instructions from the National Visa Center (NVC)
• Step 3: Submit DS-260 immigrant visa application to NVC
• Step 4: File Form I-601A waiver for unlawful presence (if needed)
• Step 5: If waiver is approved, attend the green card interview at a U.S. consulate abroad

The I-601A Waiver Process

If your spouse qualifies, they may apply for a provisional unlawful presence waiver (Form I-601A) before leaving the U.S. This waiver is based on proving that their absence would cause extreme hardship to you (the U.S. citizen or LPR spouse).

Once approved, your spouse can:

• Attend their immigrant visa interview at a U.S. consulate abroad
• Return to the U.S. and receive their green card

For more information on unlawful presence bars and waivers, visit USCIS I-601A Waiver Guidance

Timeline and Interview Process

After you file Form I-130:

• USCIS Processing: 8 to 15 months for approval
• NVC Processing: Submit Form DS-260 and civil documents
• Waiver Review: 33 months if required
• Consular Interview: Scheduled at a U.S. embassy or consulate

At the Interview:

Your spouse will be asked:

• Details about your marriage
• Reasons for immigration
• Any criminal or immigration history

During the interview, an immigration officer will assess the provided information and determine eligibility. The immigration officer can impose penalties, such as barring re-entry to the U.S., depending on the immigrant’s history of unlawful residence.

If approved, they’ll receive their visa, enter the U.S., and obtain a green card.

Estimated Costs (as of 2025)

Form/Service	Fee
Form I-130	$675
Form I-601A (Provisional Waiver)	$930 + $85 biometrics
Form DS-260 (Visa Application)	$325
Medical Exam	$200–$500
Attorney Fees (Estimate)	$5,000–$10,000 total

Use the USCIS Fee Calculator for the most accurate information

 

 

 

3. If Your Spouse Entered Illegally More Than Once or Was Previously Deported

This is a high-risk situation. Your spouse may be subject to a permanent lifetime ban if they:

• Entered illegally more than once
• Reentered after a prior deportation
• Stayed unlawfully in the U.S. for more than one year and reentered without permission

These cases are extremely complex and may require legal intervention. Read about permanent inadmissibility bars here.

If You Are a Green Card Holder

As a lawful permanent resident, you can sponsor your spouse—but the process is slower and more restricted than for U.S. citizens.

1. If Your Spouse Is in the U.S. But Entered Legally

They must:

• Maintain lawful status throughout the process.
• Wait for visa availability in the F2A category (spouses and unmarried children of green card holders)

Unfortunately, due to 2023–2025 visa backlogs, the Final Action Date for the F2A category is no longer current.

As of April 2025:

• Mexico: Final Action Date is November 1, 2018
• All other countries: Final Action Date is September 8, 2020

This means your spouse can file an I-130, but must wait for the priority date to become current before completing the immigrant visa or green card application. Monitor the latest updates on the State Department Visa Bulletin.

NOTE: If he or she has overstayed, then they can not typically pursue adjustment of status, and instead will need to pursue an I-601A waiver and proceed with consular processing.

2. If Your Spouse Entered Illegally

The process is more complicated and mirrors that of undocumented spouses of U.S. citizens:

• Your spouse will need to leave the U.S. for consular processing
• Must apply for a waiver of unlawful presence
• The process is slower because of the visa backlog and waiver timing

Note: In the past, spouses of green card holders could not apply for provisional waivers, but this changed in 2016. Still, eligibility should be confirmed with a qualified immigration attorney.

DACA and Advance Parole Considerations

How DACA Affects a Marriage-Based Green Card

DACA recipients can often apply for a marriage green card if:

• They last entered the U.S. legally using Advance Parole
• They marry a U.S. citizen

If your DACA spouse entered the U.S. illegally but later traveled on Advance Parole and returned lawfully, they may be eligible to adjust status without leaving the U.S.

If they never traveled with Advance Parole and entered illegally, they may need to leave and apply through a consulate (after obtaining an I-601A waiver)

DACA status itself does not guarantee green card eligibility but may help avoid unlawful presence issues for some individuals.

Also, unlawful presence doesn’t begin to accrue until age 18. So if they applied for DACA before or shortly after turning 18, they may avoid reentry bars if consular processing is needed.

More details here: DACA and Marriage-Based Green Cards.

Parole in Place for Military Families: A Pathway to Legal Residency

Parole in Place (PIP) is a special immigration benefit offered by U.S. Citizenship and Immigration Services (USCIS) to help certain undocumented family members of U.S. military service members. Through PIP, undocumented spouses, parents, or children of military personnel may be granted temporary lawful status—even if they originally entered the U.S. without inspection (unlawfully).

This policy not only strengthens family unity and honors military service—it also opens the door to applying for a green card without leaving the U.S.

Who Qualifies for Military Parole in Place?

To qualify, the applicant must be:

• The spouse, widow(er), parent, or child of:
  • An active duty member of the U.S. Armed Forces,
  • A member of the Selected Reserve of the Ready Reserve, or
  • A veteran who was not dishonorably discharged.

The applicant must be living in the U.S. without lawful immigration status, usually due to unlawful entry (e.g., crossing the border without a visa).

What Does Parole in Place Do?

If approved, USCIS will grant the applicant “parole” for a period (usually 1 year, renewable), allowing them to remain in the U.S. legally during that time. With this, they can also apply for work authorization (Form I-765).

But most importantly:

PIP provides a legal entry record (“parole”) that makes an undocumented person eligible to apply for a green card through a process called adjustment of status—without having to leave the U.S.

Why That Matters:

Normally, if someone entered the U.S. unlawfully—even if they married a U.S. citizen—they can’t apply for a green card inside the U.S. Instead, they must leave and attend a consular interview abroad, which can trigger 3-year or 10-year bars from returning.

PIP changes that.

By giving the applicant a “paroled” status, USCIS treats the person as if they had made a lawful entry, which satisfies a key requirement under INA §245(a) for adjusting status to lawful permanent resident (green card holder).

How to Apply for Military PIP

Applicants must submit:

• Form I-131 with “Military Parole in Place” clearly written on top
  Download here
• Proof of relationship to the service member (e.g. marriage or birth certificate)
• Proof of the service member’s status (e.g. military ID, DD-214)
• Two passport-style photos
• A personal statement explaining positive factors (e.g., length of stay, community ties)
• Cover letter and additional evidence showing why a favorable exercise of discretion is warranted

For instructions, see the official USCIS guide:
USCIS Brochure on Immigration Options for Military Families (PDF)

What Happens After Parole Is Granted?

Once parole is approved:

• The applicant can stay in the U.S. legally during the parole period
• They can apply for work authorization
• If married to a U.S. citizen, they can now apply for a green card (Form I-485) through adjustment of status

And they can do all of this without leaving the U.S., avoiding the risk of triggering re-entry bars.

Marrying an Undocumented Immigrant with a Criminal Record

If your spouse has past arrests, deportation orders, or immigration violations, their case is more complex.

Why Criminal History Matters

Certain crimes can:

• Trigger inadmissibility
• Require a Form I-601 waiver for multiple grounds (not just unlawful presence)
• Increase the risk of green card denial

Always consult with an immigration attorney before filing anything if your spouse has:

• A felony
• Immigration fraud
• Prior deportations
• Any criminal convictions

Grounds of Inadmissibility and Waivers (ILRC)

What Happened to Biden’s “Keeping Families Together” Program to Help Undocumented Spouses?

​

In June 2024, the Biden administration introduced the “Keeping Families Together” initiative, commonly known as the Parole in Place (PIP) program. This policy aimed to provide undocumented spouses and stepchildren of U.S. citizens with a pathway to legal residency without necessitating their departure from the United States. The program was designed to promote family unity by allowing eligible individuals to apply for parole, granting them temporary legal status and work authorization, thereby facilitating their journey toward obtaining a green card and eventual citizenship.​

Program Overview

The PIP program targeted undocumented individuals married to U.S. citizens who had been residing in the country for at least ten years as of June 17, 2024. Eligible applicants were required to demonstrate a legally valid marriage as of that date, continuous physical presence in the U.S., and the absence of disqualifying criminal convictions. Upon approval, beneficiaries would receive parole status for up to three years, during which they could apply for permanent residency. Additionally, they were eligible to request an Employment Authorization Document (EAD), allowing them to work legally in the country.

Implementation and Legal Challenges

The U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the PIP program on August 19, 2024. However, the program faced immediate legal opposition. On August 23, 2024, a coalition of 16 states, led by Texas, filed a lawsuit challenging the legality of the initiative. The plaintiffs argued that the administration had overstepped its authority by implementing the program without congressional approval, asserting that it effectively granted

In response to the lawsuit, on August 27, 2024, U.S. District Judge J. Campbell Barker issued a temporary stay, halting the processing of PIP applications. This decision was based on concerns regarding the executive branch’s authority to enact such a program unilaterally. ​

Court Ruling and Program Termination

The legal proceedings culminated on November 7, 2024, when Judge Barker delivered a final judgment declaring the PIP program unlawful. The court concluded that the administration lacked the statutory authority to implement the program, emphasizing that such significant immigration policy changes require legislative action from Congress. As a result, the PIP program was vacated, and USCIS ceased accepting and processing applications.

Following the court’s decision, USCIS announced that it would not adjudicate pending PIP applications and would cancel all related biometrics appointments. Applicants who had already submitted their paperwork were informed that their applications would not proceed, and any associated fees would be refunded

Impact on Immigrant Families

The termination of the PIP program had profound implications for many immigrant families. Approximately 500,000 undocumented spouses of U.S. citizens and around 50,000 undocumented stepchildren were estimated to have been eligible for the program. The program’s cancellation left these individuals without a clear pathway to legal residency, exacerbating fears of family separation and deportation. ​

Immigration advocates expressed deep disappointment over the court’s ruling, highlighting the emotional and psychological toll on mixed-status families. The uncertainty surrounding their legal status has led to increased anxiety and distress among affected individuals, many of whom have deep-rooted ties to their communities and have resided in the U.S. for decades

Economic Impact of Parole in Place

Undocumented Spouses Already Boost the U.S. Economy

The undocumented spouses who may benefit:

• Already contribute $13.5 billion annually in economic spending
• Pay over $5.3 billion annually in taxes (federal, state, and local)
• Would contribute $6.6 billion more if granted legal permanent residence and citizenship

Parole in place would enable them to:

• Work legally in their field of choice
• Apply for better jobs in critical shortage sectors like construction, hospitality, health care, and services
• Expand tax contributions and reduce labor shortages

Economic analysis from ITEP

Conditional vs. Permanent Green Card After Marriage

Quick note that green cards granted within the first two years of marriages are conditional green cards that will expire in 2 years. The couple would need to file for a removal of the condition in the 90 day window prior to the green card expiring.

If the initial green card is granted AFTER the 2 year anniversay of the marriage, then the green card issued is unconditional, good for 10 years, and can be renewed every 10 years.

If married to an American citizen, green card holders can apply for citizenship after they have had their green card for 3 years (everyone elese has to wait 5 years).

Years Married at Approval	Type of Green Card	Validity
Less than 2 years	Conditional green card	2 years
2+ years	Permanent green card	10 years

Removing Conditions

If you receive a conditional green card, you must:

• File Form I-751 during the 90 days before the 2-year card expires
• Provide evidence of a real marriage, such as:
  • Joint leases or mortgages
  • Photos together
  • Shared bank accounts
  • Children’s birth certificates

USCIS: Removing Conditions on Green Card (Form I-751)

 

Other  Legal Pathways for Undocumented Immigrants in the U.S.

Adjustment of Status Under Section 245(i)

Section 245(i) of the LIFE Act allows some undocumented immigrants to apply for a green card without leaving the U.S., even if they entered without inspection.

Who Qualifies

• You had a family or employment petition (Form I-130 or Labor Certification) filed on or before April 30, 2001
• If filed between January 15, 1998, and April 30, 2001, you were physically present in the U.S. on December 21, 2000

What to Know

• You must pay a $1,000 penalty fee
• You must still be otherwise eligible for a green card
• You can adjust status even if undocumented for decades

USCIS Guide to Section 245(i) Adjustment

Asylum for Those Facing Persecution

If you’ve fled persecution or fear harm in your home country, you may be able to apply for asylum—a legal status that can eventually lead to permanent residency and citizenship.

Eligibility

• Must apply within 1 year of arriving in the U.S. (some exceptions apply)
• Must prove persecution based on:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

Steps to Apply

• Submit Form I-589 (no fee)
• Attend fingerprinting and interview
• Receive decision from USCIS or immigration court

Learn more about asylum and how to apply

U Visa for Victims of Serious Crimes

The U visa offers protection and a path to a green card for undocumented immigrants who are victims of qualifying crimes and have helped law enforcement.

Who Qualifies

• You’ve suffered substantial physical or emotional harm
• You’ve been helpful (or are willing to help) in a criminal investigation
• Crimes include domestic violence, human trafficking, sexual assault, and more

Key Benefits

• Protection from deportation
• Work permit
• Apply for a green card after 3 years
• Eligible family members can also receive protection

USCIS Guide on U Visas

Registry for Long-Term Undocumented Immigrants

Registry is a little-known but powerful path to permanent residency for undocumented immigrants who’ve lived in the U.S. for a very long time.

Who Qualifies

• You have lived continuously in the U.S. since before January 1, 1972
• You are of good moral character
• You are not inadmissible for reasons such as criminal history

Registry Explained – USCIS

Note: There are current efforts in Congress to move the registry date forward, which could open eligibility to millions.

Non-LPR Cancellation of Removal

This is a form of deportation relief available only if you’re already in removal proceedings before an immigration judge.

To Qualify, You Must:

• Have been in the U.S. for at least 10 years
• Show exceptional and extremely unusual hardship to a U.S. citizen or green card holder relative
• Have good moral character
• Have no disqualifying criminal convictions

Only 4,000 green cards are available each year through this option, so demand is high.

EOIR Guide to Cancellation of Removal

Marriage Green Card Fraud: What Not to Do

USCIS scrutinizes all marriage green card applications. Be cautious:

• Don’t marry solely for immigration purposes.
• Don’t enter the U.S. on a tourist visa intending to stay and adjust status.

Fraud can result in permanent ineligibility for a green card. Marriage fraud is a felony punishable by up to 5 years in prison and $250,000 fine.

Green Card Through Marriage: FAQ for Undocumented Immigrants

Can an undocumented immigrant get a green card through marriage to a U.S. citizen?

Yes, in many cases. U.S. citizens can petition for their undocumented spouses to become lawful permanent residents. However, eligibility depends heavily on how the undocumented spouse entered the U.S., whether they have immigration violations or criminal issues, and other factors.

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Does it matter how I entered the U.S.?

Yes. Lawful entry (e.g., with a visa or through parole) is crucial. If you entered with inspection, even if you overstayed your visa, you may apply for a green card (adjust status) inside the U.S. through Form I-485.

If you entered without inspection (unlawfully), you typically cannot adjust status in the U.S. unless an exception applies (e.g., Parole in Place or certain older petitions under INA 245(i)).

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Can I get a green card if I entered illegally but married a U.S. citizen?

Maybe. Marrying a U.S. citizen doesn’t automatically forgive an illegal entry. You may need to leave the U.S. and apply at a consulate abroad. But this triggers a 3- or 10-year re-entry bar, which often requires applying for a waiver of unlawful presence using Form I-601A.

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Can I apply for a green card without leaving the U.S.?

Only if:

• You entered legally, even if you overstayed
• You were paroled, including through Parole in Place (PIP) for military family members
• You qualify under INA §245(i) (see below)
• You are covered by DACA and a past or current advance parole entry

Otherwise, you may be required to go through consular processing abroad.

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What is INA §245(i) and how can it help?

INA 245(i) allows certain undocumented individuals to adjust status in the U.S., even if they entered illegally, if:

• They were the beneficiary of an immigrant petition or labor certification filed on or before April 30, 2001
• They pay a $1,000 penalty

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What if I’m married to a green card holder instead of a citizen?

You can still get a green card, but you may have to wait for a visa to become available, since green card holders are subject to visa backlogs. If you’re in the U.S. unlawfully, you likely cannot adjust status unless you’re protected under special provisions like 245(i).

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Can I still get a green card if I have a deportation order?

Possibly, but it’s complicated. You may need to reopen your removal order through a motion to reopen. Waivers or prosecutorial discretion may be required. You should absolutely consult an immigration attorney.

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What if I’m in immigration court proceedings?

You may be able to apply for adjustment of status with the immigration judge, if you’re eligible through marriage and visa status. But timing and legal strategy are key—speak to an attorney.

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What happens if I leave the U.S. to apply from abroad?

If you’ve been unlawfully present for more than 180 days and then leave, you may trigger:

• A 3-year bar (180+ days unlawful presence)
• A 10-year bar (1+ year unlawful presence)

You may be eligible to apply for a provisional waiver (Form I-601A) before leaving, which minimizes the time spent outside the U.S.

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What is a Form I-601A waiver?

This is a provisional unlawful presence waiver for spouses of U.S. citizens or green card holders. It helps you apply for a green card through consular processing by forgiving unlawful presence before you leave the country, provided you show that your spouse would suffer extreme hardship without you.

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Can DACA recipients apply for a green card through marriage?

Yes, but it depends. If you:

• Entered lawfully or used advance parole, you may adjust status in the U.S.
• Never had lawful entry, you may need to go through consular processing with a waiver

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Can Temporary Protected Status (TPS) holders adjust through marriage?

Sometimes. If you entered the U.S. lawfully, or if your circuit court (like the 6th or 9th Circuit) treats TPS as an “admission,” you might be able to adjust inside the U.S. Check current case law and location-based policy.

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Can a criminal record stop me from getting a green card through marriage?

Yes. Certain criminal convictions—especially involving drugs, fraud, domestic violence, or crimes of moral turpitude—may make you inadmissible. In some cases, you may be eligible for a waiver, but it depends on the specific conviction and circumstances.

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Does marriage automatically stop deportation?

No. Marriage to a U.S. citizen does not automatically protect you from detention or deportation. You must apply for relief like adjustment of status or deferred action, and possibly request a stay of removal.

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Will immigration believe my marriage is real?

USCIS examines every marriage-based petition closely for fraud. You must prove your marriage is bona fide (real)—with documents, shared finances, housing, and more. You’ll also undergo an interview.

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Can I still be denied even if my marriage is real?

Yes. Even a real marriage can be denied if you’re inadmissible, have criminal issues, or lack required documentation. You may need to file for waivers or submit additional evidence.

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Do I need an immigration lawyer?

It’s strongly recommended—especially if:

• You entered without inspection
• You have a prior removal or criminal record
• You’re applying for a waiver
• You’re in court or had DACA/TPS

Marriage-based green cards are complex for undocumented individuals. A lawyer can help you avoid serious mistakes and increase your chances of success.

 

Next Steps

If you’re considering sponsoring your undocumented spouse, start by:

• Consulting with an immigration attorney
• Gathering documentation: proof of marriage, legal entry (if applicable), passport, financial documents
• Understanding whether your case requires a waiver or Advance Parole

 

 Love Can Overcome Legal Obstacles—But Be Informed

It’s absolutely possible to marry an undocumented immigrant in the U.S., and in many cases, that marriage can lead to legal status. But the process is full of legal twists that depend on your spouse’s immigration history, your own citizenship status, and whether you qualify for waivers.

For the best outcome:

• Know how your spouse entered the country
• Avoid travel without guidance
• Work with an immigration attorney

Final Thoughts: Should You Apply?

You can sponsor your undocumented spouse—but the path depends heavily on your legal status, your spouse’s history, and how they entered the U.S.

In high-stakes or uncertain cases, speaking with an immigration attorney is essential. Legal mistakes could lead to separation, deportation, or a lifetime bar.

Options worth considering:

• Adjustment of status (if eligible)
• Consular processing with waiver
• DACA travel and Advance Parole options
• Permanent bar defense strategies

 

Why You Should Talk to Herman Legal Group If Your Spouse Is Undocumented

If you’re a U.S. citizen or green card holder and your spouse is undocumented—whether they overstayed a visa or entered without inspection—getting a green card is possible, but it’s not automatic. Mistakes can lead to delays, denials, or even deportation. That’s why you should speak with a trusted immigration attorney before filing anything.

Here’s why Herman Legal Group is the right place to start:

• Decades of experience
  Over 30 years helping immigrant families navigate complex marriage-based green card cases.
• Deep understanding of the law
  They know how to handle tough situations, like:
  • Entry without inspection (EWI)
  • Overstays
  • Prior removal orders
  • Waivers for unlawful presence
• Personalized legal strategy
  Your situation is unique. Herman Legal Group will review your case and explain:
  • Whether you qualify to adjust status in the U.S.
  • If you need to apply from abroad (consular processing)
  • Whether you need a waiver—and how to apply for it
• Focused on family unity
  Their mission is to help keep families together and avoid unnecessary risks or delays.
• Nationally respected, compassionate attorneys
  Known for treating clients like family, not just case numbers.

Don’t guess your way through immigration. A single mistake can cost you years.

Schedule a confidential consultation today: lawfirm4immigrants.com/contact
Or call 1-800-808-4013

Your family’s future is worth a smart, strong plan—and Herman Legal Group can help you build it.

 

 

 

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