The path to citizenship is not easy for an illegal immigrant. It is not that easy for a legal one.
The U.S. immigration law offers very few options to go from being illegal or undocumented immigrant to a U.S. permanent resident (with a green card). We briefly describe the most likely possibilities below, but you should see an attorney for further help.
Option 1 – Marriage to U.S. Citizen
Option 2 – Service in the U.S. Military
If you serve honorably and on active duty with the U.S. Armed Forces during one of the wars or conflicts named below, the law allows you to apply for U.S. citizenship. You don’t have to go through the usual step of applying for a green card first.
You must, however, enlist (sign up) while on U.S. territory, such as the Canal Zone, American Samoa, Swains Island, or a noncommercial U.S. ship.
The conflicts that qualify you for immediate U.S. citizenship include:
World War I (April 6, 1917 to November 11, 1918)
World War II (September 1, 1939 to December 31, 1946)
the Korean hostilities (June 25, 1950 to July 1, 1955)
the Vietnam hostilities (February 28, 1961 to October 15, 1978)
the Persian Gulf War (August 2, 1990 to April 11, 1991)
“Operation Enduring Freedom” (otherwise known as the “War on Terrorism” or “Iraq Hostilities”), which began September 11, 2001 and will end by order of the U.S. President.
Option 3 – Cancellation of Removal
If you are arrested by U.S. immigration authorities, you might be able to avoid removal, and receive a U.S. green card, if you can prove all of the below:
You have already been physically present in the United States for at least ten years.
You have been a person of good moral character during those ten years.
Your removal from the U.S. would result in exceptional and extremely unusual hardship to your spouse, parent, or child who is a U.S. citizen or lawful permanent resident.
You aren’t disqualified from cancellation for one of a variety of reasons, such as that you have committed one of various types of crimes or immigration violations, have persecuted others, have been a member of a totalitarian or communist party, and so on.
Don’t attempt to apply for cancellation of removal on your own. It is available only if you are already in immigration court (removal) proceedings and facing deportation. You’ll definitely need a lawyer’s help in this situation.
Option 4 – Asylum
You can apply for the right to stay in the U.S. if you qualify for asylum and apply within one year of your entry or the expiration of your authorized stay.
You’ll need to show that you have been persecuted, or fear future persecution, in your home country, based on your race, religion, nationality, political opinion, or membership in a particular social group.
The process involves submitting USCIS Form I-589, together with detailed documentation of your membership in the group that you claim and the persecution that you faced or fear.
If you are granted asylum, you can apply for a green card one year after your approval, and for U.S. citizenship four years after that. (If denied, you could be deported, unless you can show that you would likely face torture upon return.)
Option 5 – Temporary Protected Status
If you come from a country that has recently had a civil war, environmental or natural disaster, or other trouble that makes it unsafe for its citizens to return there, the United States might offer what’s known as Temporary Protected Status or “TPS.”
This is not a green card, nor does it lead to a green card. However, TPS would allow you to stay in the United States legally for a set amount of time (maximum 18 months), and to receive a work permit while you’re here. See the USCIS website (
www.uscis.gov) for details and the list of currently eligible countries.