Millions of people come to the United States every year for work, school, family, freedom, safety, and more. As of 2023, the number of undocumented immigrants is on the rise. CMSNY shows that in 2023, there were approximately 11.7 million undocumented immigrants in the USA. The introduction of new people, cultures, and beliefs makes our nation stronger through diversity. It is a testament to the ideals of our country that immigrants be welcomed with open arms and allowed to stay.
Unfortunately, the process of entering the U.S. is often complicated, and staying in the United States can be even more challenging. Those who are undocumented or whose visas or legal stays have expired may not believe there are options. Experienced immigration attorneys at Urena & Associates may be able to help you find a path to citizenship, no matter what your status is today.
How can an undocumented immigrant become legal in the United States?
U.S. immigration laws have become increasingly complex, particularly in recent months. At Urena & Associates, we have helped clients and undocumented immigrants become legal in the United States through a variety of paths:
- Family-based options, including marriage to a U.S. Citizen
- Asylum through U visas and T visas from a dangerous situation in a home country
- Temporarily protected status and DACA
- Canceling removal proceedings and registry for long-term undocumented residents
- Other immigration reforms
Our team of experienced immigration attorneys works diligently to help clients achieve their goals, whether it is to obtain a visa, permanent residency, or citizenship. We provide strong, trustworthy representation and advocacy through life-changing legal action.
Family-Based Immigration Options
Family sponsorship is one of the most common ways people enter the United States and remain in the country. A U.S. Citizen or lawful permanent resident (green card holder) can bring in spouses, parents, children, and adult siblings with family-based immigration options.
Marriage to a U.S. Citizen
One of the most well-known ways an undocumented immigrant can become legal in the United States is by marrying a U.S. Citizen. The foreign national is then eligible for a green card, which makes them a permanent legal resident of the United States. Then, after three years of marriage, the green card holder can apply for U.S. Citizenship in their own right.
The United States Citizenship and Immigration Services (USCIS) requires documentation of a legal marriage, as well as proof that a relationship exists, through various family records. You may be required to show the following evidence:
- Legal marriage certificate
- Proof that any previous marriages have ended, through divorce decrees or death certificates
- Foreign spouse’s original birth certificate
- U.S. citizens’ proof of status
- If both spouses are already in the United States, proof of the foreign spouse’s legal entry to the United States is required.
- Financial documents showing a relationship, such as the following documents bearing both names:
- Joint bank accounts
- Insurance policies
- Tax returns
- Loan documents
- Leases or mortgages
- Utility bills
- Travel records
- A history of communication through phone calls, texts, emails, and social media interactions
- Dated photos of weddings, vacations, and reunions
- Sworn statements from friends and family who can confirm your relationship
- Children’s legal records, such as birth certificates or school records
The requirements may be slightly different for those whose foreign-born spouse still lives outside of the U.S.. In either case, the more proof of a relationship you can provide, the stronger your case will be and the more likely your undocumented status will be made legal.
Other Immediate Relatives
U.S. Citizens and green card holders who want to bring a parent or minor child into the country may be able to do so as well. The USCIS considers the applications in terms of who is preferred to enter the U.S. to become a lawful permanent resident. These are the categories:
- First preference (F1) – unmarried adult sons and daughters of U.S. citizens
- Second preference (F2A) – spouses and young children (unmarried and under 21) of lawful permanent residents
- Second preference (F2B) – unmarried adult sons and daughters of lawful permanent residents
- Third preference (F3) – married sons and daughters of U.S. citizens
- Fourth preference (F4) – brothers and sisters of U.S. citizens if the U.S. citizen is 21 or older
The process is different if your relative has entered the United States illegally. They must go through the consulate of their home country or apply for a waiver of inadmissibility.
VAWA Self-Petition
You may be able to petition for lawful permanent status if you are suffering abuse or battery through the Violence Against Women Act (VAWA). This may apply if you are being abused by a U.S. Citizen who is a parent, child, spouse, former spouse, or lawful permanent resident spouse, former spouse, or parent. This path is available to any gender of any gender. You can self-petition, or file the paperwork, for a green card without the knowledge of a citizen or lawful permanent resident. There may be some additional eligibility requirements to qualify for a green card under this act.
Recent changes to immigration regulations have complicated the family-based sponsorship process, with stricter filing requirements and deadlines. It is essential to consult an experienced immigration attorney to ensure your paperwork is accurate and filed correctly.
Humanitarian Paths to Legal Status
Many immigrants’ survival may depend on their ability to remain in the United States. Those who have been persecuted in their home country, been victims of crimes, and those who have been trafficked into the U.S. and are often undocumented may be able to become legal residents under the following conditions.
Asylum
Asylum refers to a place of security and refuge. Suppose you have been persecuted or are afraid of persecution in your home country because of your nationality, race, religion, political beliefs, or social affiliations. In that case, you may be eligible to apply for asylum in the United States. A person seeking asylum is usually already in the United States or waiting to be admitted at a port of entry. You must apply for asylum within one year of entering the country. Seek help from an asylum lawyer.
U Visas for Crime Victims
If you have been a victim of a crime and suffered severe physical or mental abuse, you may be able to obtain a U-Visa. This is a legal nonimmigrant status for an individual who has information about crimes and assists law enforcement in catching the criminals responsible for violating U.S. laws. Such crimes include:
- Abduction
- Domestic violence
- Extortion
- Incest
- Involuntary servitude
- Kidnapping
- Manslaughter
- Murder
- Sexual assault
- Sexual exploitation
- Slave trade
- Stalking
- Torture
- Witness tampering
The United States issues a maximum of 10,000 U Visas each year, but U visa holders can sponsor multiple family members to enter the U.S. legally.
T Visas for Trafficking Victims
Human trafficking is another crime where the U.S. may allow an undocumented immigrant to become a legal resident in the United States. Similar to a U Visa, the T visa can be issued to a victim of human trafficking who assists law enforcement in apprehending human traffickers, specifically those involved in:
- Sex trafficking
- Labor trafficking
Holding this visa allows the immigrant to stay in the United States legally for up to four years and may also provide an opportunity to obtain a green card.
Remarkable Immigrant Juvenile Status (SIJS)
Remarkable Immigrant Juvenile Status (SIJS) may be available for immigrants under 21 years old who have been abused, abandoned, or neglected, and cannot reunite with a parent or return to their home country.
The SIJ must be:
- Unmarried
- Under 21 years of age
- Already involved or about to be included in a state juvenile court proceeding.
Here, the state courts have considerable authority. The state juvenile court decides the case at hand, whether it involves custody, emancipation, or another matter, and also determines whether the SIJ can be returned to a parent or their country of origin. Moreover, state courts determine the meaning of “abused, abandoned, and neglected,” so it is essential to hire a lawyer who understands the nuances of criminal law in each state, as well as the complex immigration policies of the country.
Temporary Protected Status and DACA
There are temporary programs that allow immigrants to stay legally for a designated period, during which they can apply for other forms of legal residency.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) applies to certain countries or areas at times when it is unsafe or dangerous to live in or return to the country. These conditions may include:
- Civil war or otherwise ongoing conflict
- An epidemic or environmental disaster, such as a tsunami or an earthquake
- Another perilous, temporary circumstance
People who emigrate from those countries to the United States are granted TPS and legal residence. Nationals of TPS countries already residing in the U.S. may be eligible to receive temporary legal status. During that time, people may apply for additional immigrant benefits and nonimmigrant status.
Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals (DACA) protects undocumented immigrants who entered the United States as children. DACA status allowed children to obtain Social Security numbers, driver’s licenses, and work permits legally; however, the status must be renewed every 1-2 years. While in the U.S., DACA immigrants may be eligible to file for a green card, it is not a direct path to citizenship. Moreover, as of January 2025, new applications and renewals are accepted but may not be reviewed until after they expire.
Long-Term Undocumented Residents: Cancellation of Removal and Registry
One of the primary reasons to immigrate to the United States is to build a new life of opportunity and security. People start a family, get a job, and settle in, but many have a fear that they will be found out and deported. If they have a significant connection to a U.S. citizen, there may still be a chance for an undocumented immigrant to become a legal resident in the United States.
Cancellation of Removal (10-Year Rule)
If you have lived in the United States for 10 years or more, your life is here. Your deportation lawyer may be able to prove that deportation will uproot you and your family, causing “exceptional and extremely unusual hardship” for a citizen or lawful permanent resident. Historically, judges have interpreted these terms in very different ways, and clear hardships have not always been sufficient to permit a person to remain. It is vital to consult an immigration attorney who will fight for an undocumented immigrant to become legal in the United States by canceling removal.
Registry (Permanent Residence for Long-Term Residents)
Some immigrants have resided in the United States for over 50 years. Those undocumented individuals may be able to obtain a green card through the registry if they can show they:
- Have lived in the U.S. continuously since 1972
- Are of good moral character
- Are not eligible for citizenship
- Do not qualify for deportation under the Immigration and Nationality Act (INA)
Registry is an option even for those who entered the country illegally more than 50 years ago.
Military Service (Parole in Place)
Joining the United States military may work as a direct path to naturalization. You must have served in the armed forces honorably for at least one year and meet other eligibility requirements to apply.
Or, if a family member joins the U.S. military, you may be eligible to adjust your status. Known as Parole in Place (PIP), immediate family members, including spouses, parents, and children, can change their status to lawful permanent resident and may provide an opportunity to obtain a green card, even if they entered the U.S. illegally. This applies to immediate family members of most active duty members, as well as some veterans who were honorably discharged.
Recent and Proposed Immigration Reforms
The United States faces unprecedented turmoil in its immigration system. Laws and orders can change very quickly, so you must have an informed, agile immigration lawyer on your side, especially if you or family members are undocumented. At Urena & Associates, we can walk you through any developments that affect your legal status, including:
- The Laken Riley Act, a 2025 law that allows the Department of Homeland Security to detain non-citizens arrested for crimes, even as minor as shoplifting
- The ongoing attempt to restrict or abolish Birthright Citizenship
- Immigration and Citizenship Enforcement (ICE) agency’s initiative to detain immigrants without issuing a bond and prevent judges from issuing bonds
- Expanding expedited removal of undocumented immigrants
- Ongoing policy debates, including Project 2025 elements
- Proposed legislation
- Executive actions and policy changes
- New York City initiatives, including those issued by the Mayor’s Office of Immigration Affairs (MOIA)
- New York State initiatives, such as those in the State Assembly regarding status inquiry bans, background checks, and the New York Dream Act
Accomplished Immigration Lawyers Fighting for You
Immigration status can be a matter of life and death. At the least, it can completely change an individual or family’s daily life. At Urena & Associates, we are well-known in the courts and have a deep understanding of immigration policies and developments as they arise. Located in Brooklyn, NY, our law firm is at the hub of immigration into the U.S., and we handle federal immigration matters all over the country and world. If you are unable to visit our office, we will be happy to set up a video or phone consultation. Contact the office at 1-888-817-8599 or reach out to us online today for all your immigration needs and concerns.