At a glance
- There is no general amnesty. Status usually comes through a specific path tied to family, long residence, or being a crime victim.
- The I-601A waiver helps spouses and children of citizens or residents, but it cannot fix the permanent bar.
- Only an immigration judge grants cancellation of removal. It requires 10 years here and serious hardship to a close relative.
- Since 2025, USCIS issues a Notice to Appear when it denies someone who is not lawfully present. Have your history reviewed first.
Start Here: What Usually Decides Your Options
There is no general amnesty law in 2026. Legal status usually comes through a specific path in immigration law, and small facts in your history can open or close one.
These details usually matter most:
- How you entered: with a visa or inspection at the border, or without inspection.
- How long you have been here, and whether you left and came back.
- Your family: a U.S. citizen or permanent resident spouse, parent or child.
- Past contact with immigration: border arrests, removal orders or earlier applications.
- Any criminal record, even an old or dismissed arrest.
- Whether you were a victim of a crime, abuse or persecution.
| If this sounds like you | A path to ask about |
|---|---|
| Spouse, son or daughter of a U.S. citizen or permanent resident | I-601A waiver and consular processing |
| A petition or labor certification was filed for you, your parent or your spouse by April 30, 2001 | Section 245(i) |
| In immigration court, here 10 years or more, with a citizen or resident spouse, parent or child | Cancellation of removal |
| Victim of a serious crime in the U.S. who helped the police | U visa |
| Abused by a U.S. citizen or permanent resident spouse or parent | VAWA self-petition |
| Under 21 and abused, neglected or abandoned by a parent | Special Immigrant Juvenile status |
| Afraid of harm if you return to your country | Asylum |
A path in this table is not a sign that it fits your case. That depends on your full history, which our team can review with you.
The I-601A Waiver (Perdón Migratorio)
People who entered without inspection generally cannot get a green card inside the United States. They usually must leave and attend an immigrant visa interview at a U.S. consulate abroad, a process called consular processing. Leaving is what creates the problem the I-601A waiver is built to solve.
The 3 and 10 Year Bars
"Unlawful presence" generally means time in the U.S. after entering without permission, or after an authorized stay ended. Under INA 212(a)(9)(B), a person who leaves after more than 180 days but less than one year of unlawful presence faces a 3 year bar on returning. One year or more brings a 10 year bar. Time before age 18 does not count.
Who Can Generally Use the I-601A
The provisional unlawful presence waiver (Form I-601A) lets some people ask USCIS to forgive these bars before they leave. In general, the applicant must:
- Be at least 17 and physically present in the U.S.
- Have an immigrant visa case with the State Department, such as an approved Form I-130 family petition, with the visa processing fee paid.
- Show that a refusal would cause extreme hardship to a U.S. citizen or permanent resident spouse or parent.
Hardship to a U.S. citizen child does not count for this waiver by itself. USCIS looks at family ties, health, finances, country conditions, and what separation or relocation would mean. People in removal proceedings generally need their case administratively closed first. A person with a final removal order usually needs a different form, Form I-212, approved before filing.
What the I-601A Cannot Fix
The waiver covers only the 3 and 10 year bars. It does not cover the permanent bar in INA 212(a)(9)(C). That bar generally applies to someone who entered, or tried to enter, again without inspection after:
- more than one year of unlawful presence in total, or
- a removal order.
A person under the permanent bar generally must stay outside the U.S. for 10 years before asking permission to return.
The consular officer also checks every other ground, such as fraud, a false claim to U.S. citizenship, or criminal history. If another problem appears, the approved waiver is revoked. An approved I-601A gives no status, work permit or protection from removal while you wait. Our page for people who married a U.S. citizen explains the full family process.
Section 245(i): An Old Petition Can Matter
Section 245(i) is an older rule that still helps some people. It applies if an immigrant petition or labor certification was filed for you on or before April 30, 2001. You may then be able to apply for a green card inside the U.S., even after entering without inspection. The spouse or child of the person named in that filing may also qualify. For filings made after January 14, 1998, the person also had to be in the U.S. on December 21, 2000.
An extra penalty fee set by law applies. Section 245(i) generally does not cure the permanent bar described above. Many families do not know an old petition exists.
Cancellation of Removal for Non-Permanent Residents
Cancellation of removal is a defense in immigration court. If granted, it stops the deportation and gives the person a green card. Only an immigration judge can grant it, so it is generally available only to someone already in removal proceedings. There is no USCIS application for it.
Under INA 240A(b)(1), the person generally must show:
- 10 years of continuous physical presence in the U.S.
- Good moral character during those 10 years.
- No conviction for certain offenses listed in the law.
- Exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child if the person is removed.
This hardship standard is higher than "extreme hardship." Hardship to the person themselves does not count. Judges often look at a child's health, special needs and schooling, and at the family's finances.
The 10 year clock generally stops when the person is served a Notice to Appear (the document that starts removal proceedings) or commits certain offenses. One trip of more than 90 days, or trips adding up to more than 180 days, also break it. Congress capped grants at 4,000 per fiscal year. When the numbers run out, judges must hold their decisions until a later year. If you have a court date, our page on immigration court hearings explains what to expect.
The U Visa for Crime Victims (Visa U)
The U visa protects victims of certain crimes committed in the U.S. who helped, or are willing to help, law enforcement. Qualifying crimes include domestic violence, sexual assault, felonious assault, kidnapping, stalking, extortion and trafficking, among others listed by USCIS. The victim must have suffered substantial physical or mental abuse and have useful information about the crime.
The Law Enforcement Certification
The petition (Form I-918) needs a certification on Form I-918 Supplement B. An authorized official of a police department, prosecutor's office, court or other certifying agency signs it, within the six months before filing. Federal law does not require an agency to sign, so each agency decides. Charges do not have to be filed for an agency to sign.
The Wait, the Cap and the Work Permit
Congress allows 10,000 U visas a year for principal petitioners, and demand is far higher. USCIS reached the cap for fiscal year 2026 on September 5, 2026. When approvals resumed on October 1, 2026, USCIS started with petitions filed on or before August 31, 2017.
While a petition waits, USCIS may issue a bona fide determination, a finding that the petition appears genuine. That can bring deferred action and a work permit valid for four years. USCIS generally reviews these in the order received; its processing times page shows the current range. After three years in U status, many holders can apply for a green card.
VAWA, Special Immigrant Juveniles and Asylum
VAWA Self-Petitions
The Violence Against Women Act (VAWA) lets an abused spouse, child or parent of a U.S. citizen or permanent resident file their own petition, without the abuser knowing. Men can file too. In general, the petitioner must show the family relationship, the abuse or extreme cruelty, good moral character, and that they lived with the abuser at some point. An approved self-petitioner can often seek a green card even after entering without inspection.
Special Immigrant Juvenile Status
This status is for unmarried people under 21 with a state juvenile court order. The court must find that they cannot reunify with one or both parents because of abuse, neglect or abandonment. The court order comes first, and age deadlines matter.
Asylum
Asylum protects people who fear persecution in their home country. It generally must be requested within one year of arrival, unless changed or extraordinary circumstances explain the delay. Other forms of protection may remain possible after that deadline. Our immigration law page describes our asylum work.
TPS, DACA and Parole in Place in 2026
These programs change often, and eligibility depends on your country and your dates.
- Temporary Protected Status (TPS): As of October 2026, USCIS lists El Salvador, Lebanon, Sudan and Ukraine as designated, with several decisions pending. TPS has ended for many other countries, including Honduras, Nicaragua, Venezuela and Haiti, and some endings are still in court. TPS by itself does not lead to a green card.
- DACA: USCIS continues to process renewals. Under court orders, it accepts first-time requests but does not decide them. DACA is not lawful status and does not by itself lead to a green card.
- Parole in place for spouses: A federal court struck down the 2024 "Keeping Families Together" program on November 7, 2024. USCIS no longer accepts or decides those requests. Be wary of anyone who offers it.
- Military parole in place: USCIS still lists a separate program for spouses, parents and children of current service members, reservists, and veterans who were not dishonorably discharged.
Before You File: Risks and Notario Fraud
An application tells the government who you are and where you live. Under a February 2025 policy, USCIS issues a Notice to Appear when it denies a request from someone who is not lawfully present. A pending or approved family petition gives no status and does not stop removal. In 2025, the Board of Immigration Appeals also limited bond hearings for many people who entered without inspection, and federal courts are divided on that ruling.
For these reasons, a lawyer should review your full history, including border encounters, arrests and old applications, before anything is filed.
Beware of notario fraud. In many Latin American countries, a notario is a trained lawyer. In the U.S., notarios are not lawyers and cannot give immigration advice. Only a licensed attorney or an accredited representative of a recognized organization can. Warning signs include:
- Promises of a work permit or green card through a "new law."
- Requests to sign blank forms or forms with false information.
- Keeping your original documents or refusing to give receipts.
USCIS forms are free to download. You can check a lawyer's license with the state bar.
How First Point Can Help
Our immigration team, Managing Partner Katherine Martell and attorney Khadija N. Khan, reviews your complete history before any filing. We explain which paths may be open, what each one risks, and what evidence matters. Immigration law is federal, so we help clients in Virginia, other states and abroad, and much of the work can be done by phone and email. We also represent people in immigration court and in ICE detention, including bond hearings.
It helps to bring:
- Passports, IDs and any I-94 record.
- Every immigration notice, receipt, court paper or removal order.
- The dates of each entry and exit, and how you entered.
- Police reports, court records and final dispositions for any arrest.
- Proof of your time in the U.S., such as leases, tax returns and school records.
- Birth and marriage certificates, and proof of your relatives' status.
- Any old petitions or labor certifications, especially from before May 2001.
Your immigration team
-
Katherine Martell Managing Partner -
Khadija N. Khan Attorney
Frequently Asked Questions
How can an undocumented person get legal status?
There is no single program. People who qualify usually do so through a family petition with a waiver, cancellation of removal in immigration court, the U visa, VAWA, Special Immigrant Juvenile status or asylum. Each has its own requirements, and some histories, like a reentry after a removal order, close certain doors. A careful review of your history is the first step.
Who qualifies for cancellation of removal?
In general, a person in removal proceedings who has been continuously present in the U.S. for at least 10 years, has good moral character, has no disqualifying convictions, and can show exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child. All four must be proven. Whether your facts meet them depends on your history and your evidence.
Is it hard to win cancellation of removal?
It is demanding. The hardship standard is high, the judge has discretion, and only 4,000 grants are allowed each fiscal year. What usually decides a case is the strength of the hardship evidence, the person's record, consistent testimony, and solid proof of 10 years of presence.
Is cancellation of removal the same as deportation?
No. Deportation, which the law calls removal, is the process of sending someone out of the country. Cancellation of removal is a defense a judge can grant to stop that process, and it comes with a green card.
How long does cancellation of removal take?
There is no fixed timeline. It depends on the immigration court's backlog, how many hearings the case needs, and whether the yearly cap has been reached. Even after a judge decides to grant it, the final grant may have to wait for a number in a later fiscal year.
How much does it cost to apply for legal status?
It depends on the path. Government fees are set by USCIS and the immigration court, the 2025 budget law (H.R. 1) raised several of them, and some now adjust every year; see the USCIS fee schedule and EOIR forms page. USCIS does not charge a fee for the U visa petition itself. Legal fees depend on how complex the case is, and we explain ours before you decide.
I entered without papers and married a U.S. citizen. Can I get a green card?
Most people who entered without inspection cannot adjust status inside the U.S. The usual route is consular processing, with an I-601A waiver approved before leaving. Section 245(i) is one exception. The permanent bar, prior removal orders and some criminal records can block this route. See our page for people who married a U.S. citizen.