How to Fix Your Immigration Status: Paths and Risks

If you entered without inspection: the 3- and 10-year bars and the I-601A waiver

A person who crossed the border without going through a port of entry is “present without being admitted or paroled,” a ground of inadmissibility (INA § 212(a)(6)(A)(i)), and generally cannot adjust status inside the country because they do not meet the admission requirement of § 245(a). The exceptions are narrow: section 245(i) for someone with an old, timely petition, and VAWA self-petitions (below).

For most people the path is consular processing: the person leaves the United States and receives an immigrant visa at a consulate. The problem is that the departure triggers the 3- or 10-year bar. The law’s answer is a waiver of unlawful presence (INA § 212(a)(9)(B)(v)) for the spouse, son or daughter of a U.S. citizen or permanent resident who shows that a refusal would cause extreme hardship to that citizen or resident spouse or parent.

• The provisional waiver, Form I-601A, lets you ask for that waiver from inside the United States, before leaving for the interview, so the time apart from family is shorter (8 C.F.R. § 212.7(e); Form I-601A page; USCIS provisional waivers).
• It covers only the 3- or 10-year bar. Any other ground — a removal order, an unlawful re-entry after more than a year of unlawful presence, a crime, fraud — is not cured by the I-601A (§ 212.7(e)(3)–(4)).
• Hardship to children does not count for this waiver. A parent whose only relative is a U.S.-citizen child can be petitioned for by that child at 21, but if the parent entered without inspection, that child alone is not a qualifying relative for the waiver.
• If you are in immigration court, you can file the I-601A only if your case is administratively closed (§ 212.7(e)(4)(iii)), and in 2026 closure became harder to obtain. Our inadmissibility and waivers guide explains it.

An approved provisional waiver takes effect only when the person leaves, attends the interview and the consular officer finds no other ground (§ 212.7(e)(12)). If the officer finds another one, the waiver is revoked and the person is outside the country. Our consular processing guide covers the interview, and our article on the country-of-residence rule covers where it happens.

Our immigration waiver lawyer page describes how a former U.S. Immigration Judge prepares I-601A, I-601 and I-212 cases.

The permanent bar. A person who accrued more than one year of unlawful presence in total, or was removed, and then entered or tried to enter again without being admitted falls under INA § 212(a)(9)(C). It has no ordinary waiver: permission to return can be sought only after 10 years outside the United States (§ 212(a)(9)(C)(ii)), with an exception for VAWA self-petitioners. That is why the exact dates of every entry and departure matter so much.

People who have lived here for many years sometimes hear about a “10-year law.” That is cancellation of removal for non-permanent residents (INA § 240A(b)): it requires 10 years of continuous physical presence, good moral character and “exceptional and extremely unusual hardship” to a U.S.-citizen or resident spouse, parent or child, and only an immigration judge can grant it to someone already in removal proceedings. It is not an application you can file on your own with USCIS.

If you have a prior deportation order: I-212, reinstatement and motions to reopen

A prior removal order changes the whole analysis. Before filing anything, you need to know whether an order exists, what kind it is and what happened after it.

You left or were removed and want to return lawfully

A person who was removed, or who left while an order was outstanding, cannot return for 5 years (removal on arrival or expedited removal), 10 years (an immigration judge’s order, or departure under an outstanding order) or 20 years (a second removal), and never after an aggravated felony conviction (INA § 212(a)(9)(A)). The exception is consent to reapply for admission, requested on Form I-212 (8 C.F.R. § 212.2). A person with a final order who wants to use the I-601A first needs an approved I-212 (8 C.F.R. § 212.7(e)(4)(iv)).

You re-entered without permission after a removal

This is the most serious situation. If a removed person re-enters illegally, the government can reinstate the prior order without a new hearing before a judge: under INA § 241(a)(5), 8 U.S.C. § 1231(a)(5), the order “is not subject to being reopened or reviewed” and the person “may not apply for any relief.” The procedure is in 8 C.F.R. § 241.8. The exception is protection from persecution or torture: a person who expresses fear of return is referred to an asylum officer for a reasonable-fear interview (§ 241.8(e)), which can lead to withholding of removal or Convention Against Torture protection. That re-entry usually also triggers the permanent bar of § 212(a)(9)(C).

You have an order and are still in the United States

A removal order is not always the end. A motion to reopen asks the judge or the BIA to reopen the case — for example, when new relief has become available. The general rule is one motion, within 90 days of the final order (INA § 240(c)(7); 8 C.F.R. § 1003.23(b)), with exceptions. If the order was entered because the person missed court, separate deadlines apply: 180 days for exceptional circumstances, or at any time for lack of notice — see our in absentia orders guide. Marrying a U.S. citizen after the order is not, by itself, enough to reopen outside the deadline (Matter of Yadav, 29 I&N Dec. 438 (BIA 2026)).

If you are married to a U.S. citizen or permanent resident

Marriage is the best-known path, but it does not work the same way for everyone. It starts with the family petition, Form I-130, filed by the citizen or resident spouse (INA § 204(a)).

• Spouse of a citizen: an immediate relative, with no wait for a visa number (INA § 201(b)(2)(A)(i)). After an entry with a visa or parole, the I-130 and I-485 can generally be filed together and the spouse can adjust inside the country even if the visa expired. After an entry without inspection, the path is usually consular processing with the I-601A waiver.
• Spouse of a permanent resident: category F2A, waiting for the priority date to become current in the Visa Bulletin. To adjust inside the country the spouse normally must be in lawful status (§ 245(c)) unless protected by § 245(i). If the resident naturalizes, the spouse becomes an immediate relative.
• Marriage during removal proceedings: the law requires “clear and convincing” evidence that the marriage is genuine (INA § 204(g); § 245(e)(3)).
• Conditional residence: if the marriage was less than two years old when residence was granted, the green card is conditional for two years and the couple must apply in time to remove the conditions.
• Marriage fraud: a marriage entered into to obtain immigration benefits permanently bars approval of any later petition for that person (INA § 204(c)).

Our marriage-based green card guide covers the interview and the evidence, and our marriage green card lawyer page describes how we handle these cases. For a petition for a parent, brother or sister or adult child, or to choose between adjustment of status and consular processing, see our green card lawyer page.

Parents, children and siblings: the I-130 and priority dates

A U.S. citizen can petition for a spouse, children, parents (if the citizen is at least 21) and brothers and sisters (if the citizen is at least 21). A permanent resident can petition only for a spouse and unmarried children — not for parents or siblings.

• No visa wait (immediate relatives): spouses and unmarried children under 21 of citizens, and parents of citizens who are at least 21 (INA § 201(b)(2)(A)(i)).
• With a wait (preference categories, INA § 203(a)): F1, unmarried sons and daughters 21 or older of citizens; F2A, spouses and minor children of residents; F2B, unmarried sons and daughters 21 or older of residents; F3, married sons and daughters of citizens; F4, brothers and sisters of citizens who are at least 21.

In the preference categories, the date the I-130 is filed is usually the priority date — your place in line. The State Department publishes the Visa Bulletin each month with the dates that may move, and USCIS says each month which chart to use for adjustment filings (USCIS priority dates page). For some countries and categories the wait is many years.

Three warnings: an approved I-130 gives no lawful status, no work permit and does not stop a removal while you wait; how the relative entered still matters (a parent who entered without inspection faces the 3- and 10-year bars even when a citizen child petitions); and if the relative is in removal proceedings, a judge may refuse more time to wait for a visa that is years away. Our adjustment of status and consular processing guides explain each step. For people who have lived here since before 1972 there is also registry.

VAWA and the U visa: paths for victims

Two paths do not depend on a relative being willing to petition.

VAWA self-petition

The Violence Against Women Act protects men and women. It lets the abused spouse or child of a U.S. citizen or permanent resident, or a parent abused by a citizen son or daughter who is at least 21, file their own petition, Form I-360, without the abuser knowing or taking part (INA § 204(a)(1)(A)(iii)–(vii); USCIS Policy Manual, Vol. 3, Part D). An approved self-petitioner can apply to adjust even after an entry without inspection, because § 245(a) exempts them from the admission requirement. The information in these cases is confidential by law. More in our VAWA guide.

U visa for crime victims

The U visa is for the victim of certain crimes committed in the United States — domestic violence, sexual assault, kidnapping and extortion, among others — who suffered substantial physical or mental abuse and has been, is being or is likely to be helpful to law enforcement (INA § 101(a)(15)(U), 8 U.S.C. § 1101(a)(15)(U)). It is requested on Form I-918 with a certification signed by a police, prosecuting or judicial agency. The law (INA § 214(p)(2)) caps U visas at 10,000 a year for principal victims, so the wait is long. After three years in U status, the person may apply for a green card (INA § 245(m); Policy Manual, Vol. 3, Part C). More in our U visa guide.

Scams and notario fraud

In the United States a “notario público” is not a lawyer and cannot give immigration legal advice. Only licensed attorneys and representatives accredited by the Department of Justice who work for a recognized organization may represent you before USCIS or the immigration court (8 C.F.R. § 1292.1). USCIS describes the most common schemes on its common scams page. Before you hire anyone, check:

• that the attorney holds an active license from a state bar, or that the representative and their organization appear on EOIR’s roster of recognized organizations and accredited representatives;
• that they are not on EOIR’s list of disciplined practitioners.

Warning signs:

• They promise a result or say there is a “new law” or an “amnesty” to fix your papers. No honest professional can assure you that a case will be approved.
• They suggest applying for asylum just to get a work permit, or prepare an application you do not understand. A frivolous asylum application, after the written warning, permanently bars you from any immigration benefit (INA § 208(d)(6)). And since February 28, 2025, USCIS policy is to issue a Notice to Appear when it denies a request and the person is not lawfully present (PM-602-0187): a badly planned application can put you in immigration court.
• They ask you to sign blank forms or forms with false information, keep your original documents, or give you no copy of what they filed.

If you already paid a notario and something was filed in your name, gather every copy and receipt: a lawyer can review what was filed and whether it needs to be corrected.

When to talk to a lawyer

Talk to an immigration lawyer before taking any of these steps:

• Leaving the United States, even on advance parole or for a consular interview: the departure can trigger a 3-, 10- or 20-year bar or carry out an order.
• Filing any form if you ever had a removal order, voluntary departure, an arrest, a stop at the border or more than one entry without inspection.
• Answering a Notice to Appear or going to a hearing: our Notice to Appear guide explains what to do.
• If ICE detained you or a family member: see the immigration detention guide.

To prepare for that conversation, gather your passport and I-94, any papers from the border or the court, your family’s birth and marriage certificates, any criminal records (even minor ones) and a list of every entry and departure with approximate dates. Your A-number, if you have one, lets a lawyer check whether you have a case in court.

Carlos Maury Law is led by Carlos Maury, a former U.S. Immigration Judge. We review the full history — entries, departures, orders and family — to tell you honestly which path exists, what its risks are and whether it is better to wait. Call (213) 769-0050 to discuss your case. If you are already in removal proceedings, see our deportation defense lawyer page and the deportation defense guide.