If you crossed border illegally and want to adjust your status

Crossing the U.S. border without inspection—or "Entry Without Inspection" (EWI)—places individuals in unlawful status. Adjusting status to become a lawful permanent resident (Green Card holder) is legally challenging in such situations. This guide explains eligibility hurdles, applicable waivers, timelines, and how specialized legal help—such as that offered by Accura Immigration Firm—can assess and strategize a path forward.

If you crossed border illegally, adjusting your status to become a lawful permanent resident is complex—but not impossible. Immediate relatives of U.S. citizens, asylees, refugees, and certain employment-based applicants may still qualify through exceptions or waivers. Accura Immigration Firm helps you explore legal solutions like I-601A waivers, VAWA, or Special Immigrant Juvenile Status. With expert guidance, unlawful entry doesn’t always block your path to a green card. This article covers eligibility, three- and ten-year bars, and strategic steps to navigate the immigration system successfully—even after entering without inspection.

1. Understanding Unlawful Status & Inadmissibility of crossed border illegally

a. Unlawful Status vs. Unlawful Presence

• Unlawful status begins the day you enter without inspection or after authorized stay expires

• Unlawful presence accrues once you lack permission to stay, which then triggers legal bars if you depart or are removed

b. Adjustment of Status Bar

Generally, individuals in unlawful status upon filing cannot adjust status unless they qualify under specific exceptions (e.g., immediate relatives, VAWA applicants, certain employment categories under INA 245(k))

2. Adjustment Exceptions & Waivers

a. Immediate Relatives Exception

Immediate relatives of U.S. citizens—spouses, parents, children under 21—can adjust status even after illegal entry, provided a visa is available and they are admissible or receive a waiver 

b. Employment-Based Under INA §245(k)

Some employment-based applicants may adjust status despite past status violations, as long as unlawful violations since last lawful admission are less than 180 days in aggregate

c. Special Immigrant Juvenile Status (SIJS)

Certain minors abused or abandoned can adjust status even after illegal entry, under SIJS immigration provisions

d. Asylum or Refugee Adjustment

Those granted asylum or refugee status may adjust status after one year, as asylum cancels prior unlawful entry bars

3. Three- and Ten‑Year Bars & Unlawful Presence Waivers

a. Accruing Bars

• Over 180 days but less than 1 year of unlawful presence → 3-year reentry bar if you depart and seek readmission within that time.

• Over 1 year → 10-year bar, or even permanent bar if reentry is attempted without inspection after departure 

b. Waiver Options

If eligible as an immediate relative, you may file Form I-601A (provisional waiver) while inside the U.S., or Form I-601 abroad, to waive unlawful presence bars

4. Adjustment Pathways for EWI Entrants

a. Marriage to a U.S. Citizen

If married to a U.S. citizen, and are an immediate relative, you might qualify to adjust status despite illegal entry, with possible I-601A waiver 

b. Employment-Based Cases

Under 245(k), certain categories (e.g., EB-1, EB-2, EB-3 professionals) who are admissible otherwise—may adjust if unauthorized presence since last lawful entry is under 180 days

c. Humanitarian Cases

Asylees, refugees, special juvenile children, or VAWA petitioners may adjust status without regard to illegal entry or bars

5. Legal Strategy: Accura Immigration Firm’s Role

Accura Immigration Firm can assist by:

• Conducting full immigration history review to calculate unlawful presence and status violations.

• Evaluating eligibility under exceptions—immediate relative, 245(k), SIJS, asylum/refugee, VAWA.

• Preparing arguments, affidavits, and documentation to support waivers (Form I-601A/I-601).

• Coordinating interview preparation and compliance steps post-filing.

• Monitoring policy changes affecting inadmissibility or waiver eligibility.

Their strategic approach increases chances of approval and minimizes risk.

6. Step‑by‑Step Filing Process

Step 1: Eligibility Evaluation

Determine status entry (EWI or visa overstay), relationships, and type of eligible petition (I-485 vs. immigrant visa)

Step 2: Waiver Preparation (if needed)

File I‑601A (if qualifying immediate relative) or I‑601 concurrently with visa interview. Document extreme hardship to U.S. citizen spouse/parent

Step 3: Adjustment Filing or Consular Processing

If you qualify under exception, and waiver granted, file I‑485 adjustment if in U.S., or proceed through consular processing if abroad.

Step 4: Attend USCIS Interview

Bring legal representation; prepare for questions about entry, marriage, or work history and waiver justification.

Step 5: Final Approval & Status

If approved, receive Green Card. If denied, consult for possible appeals, motions, or alternative relief.

8. Common Challenges & Solutions

• Accurate accrual calculation is essential given bar triggers and departures.

• Hardship documentation must be robust for waiver claims.

• Waiver processing delays require careful planning with travel.

• Dependents' options vary—Accura helps file derivative petitions or motion strategies.

• Policy shifts: legal team stays current and adapts strategy accordingly.

9. Final Thoughts

Adjusting status after illegal entry is possible but limited—you must either qualify under an exception or secure a waiver pre-departure. For those married to U.S. citizens, eligible employment-based workers, asylees, refugees, SIJS recipients, or VAWA petitioners, staying inside the U.S. and filing I‑485 along with required waivers can lead to lawful permanent residency.

Accura Immigration Firm specializes in evaluating complex adjustment cases, documenting inadmissibility waivers, and guiding clients through each step—from eligibility assessment to final adjustment or motion practice.