If you're a [U.S. citizen](https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-[waivers](https://www.uscis.gov/i-601^)^) or a [green card](/immigration-resources/green-card-immigration-guide) holder married to an undocumented individual, you might be considering sponsoring your spouse for a green card. This article is designed to guide you through the process and clarify the different circumstances that can affect the application. It can also be a useful resource for immigration lawyers and other professionals who assist with [immigration matters](https://www.justice.gov/eoir/list-pro-bono-legal-service-providers^).

Family reunification is a major aspect of U.S. immigration policy. In many cases, it is possible to apply for a [marriage green card](/immigration-resources/marriage-based-green-card-guide) for an undocumented spouse. However, the risks, expenses, and timelines vary depending on whether you, the sponsoring spouse, are a U.S. citizen and whether your undocumented spouse entered the United States legally or illegally.

This article will discuss these variations in detail, as well as how the [Deferred Action for Childhood Arrivals (DACA) program](/immigration-resources/daca-application-guide) can affect eligibility for a marriage-based green card. Remember, while this article aims to provide comprehensive information, it's always a good idea to seek professional advice when dealing with immigration matters. Let's get started.

Before we delve into the specifics of applying for a green card for an undocumented spouse, it's important to understand the broader context of U.S. immigration policy. A significant aspect of this policy is [family reunification](/immigration-resources/marrying-non-us-citizen-green-card-guide). This means that the U.S. government recognizes the importance of keeping families together and has established immigration procedures to facilitate this.

In many cases, it is possible for a U.S. citizen or a [green card holder](/immigration-resources/green-card-immigration-guide) to apply for a marriage green card for their undocumented spouse. However, the process, risks, expenses, and timelines can vary significantly depending on several factors.

One key factor is whether the sponsoring spouse is a U.S. citizen or a green card holder. Another crucial factor is whether the undocumented spouse entered the United States legally (for example, on a visa) but overstayed their permitted time, or whether they entered the country illegally.

Understanding these factors and how they affect the application process is crucial in navigating the path to obtaining a green card for your undocumented spouse. In the following sections, we will explore these factors in more detail.

Applying for a Green Card for an Undocumented Spouse

Now that we've set the context, let's delve into the specifics of applying for a green card for an undocumented spouse. This process can be complex and the risks, expenses, and timelines can vary significantly depending on your circumstances.

If you're a U.S. citizen sponsoring your undocumented spouse, the process will depend on how your spouse entered the United States.

**If your spouse entered the U.S. legally but overstayed their visa**, the process for applying for a marriage-based green card is the same as if your spouse had legal status. This means you can file an I-130, Petition for Alien Relative, and your spouse can file an I-485, Application to Register Permanent Residence or Adjust Status, concurrently.

**If your spouse entered the U.S. illegally**, the process becomes more complicated. Your spouse may need to leave the U.S. to apply for a green card through consular processing in their home country. However, leaving the U.S. could trigger a three- or ten-year bar from reentering the U.S., depending on how long they were in the U.S. without legal status.

If you're a green card holder sponsoring your undocumented spouse, the process is similar, but typically takes longer. This is because you'll need to wait for a visa to become available in the category for spouses of green card holders.

Like U.S. citizen sponsors, if your spouse entered the U.S. legally but overstayed their visa, they can adjust status in the U.S. once a visa becomes available. However, if your spouse entered the U.S. illegally, they will likely need to leave the U.S. and apply for a green card through consular processing. They could also face a three- or ten-year reentry bar.

In the next section, we'll discuss the [three- or ten-year reentry bars](https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility^) in more detail, including recent changes that may allow some spouses of green card holders to get waivers for these bars.

One of the most significant challenges in the process of applying for a green card for an undocumented spouse is the potential for a three- or ten-year reentry bar. This is a penalty imposed on individuals who have spent a certain amount of time in the U.S. without legal status and then leave the country.

**If your undocumented spouse has been in the U.S. for more than 180 days but less than one year without legal status**, and they leave the U.S., they could be barred from reentering for three years.

**If your undocumented spouse has been in the U.S. for one year or more without legal status**, and they leave the U.S., they could be barred from reentering for ten years.

These bars apply whether your spouse leaves voluntarily or is deported. They also apply regardless of whether your spouse is married to a U.S. citizen or a green card holder.

However, it's important to note that waivers are available in certain circumstances. A waiver is a form of legal forgiveness that allows an individual to reenter the U.S. despite the bar. To qualify for a waiver, your spouse would need to demonstrate that their absence would cause extreme hardship to a U.S. citizen or green card holder spouse or parent.

Until recently, spouses of green card holders were not able to get waivers if they were subject to the three- or ten-year reentry bars due to unlawful presence in the U.S. However, policy changes have made waivers available to some spouses of green card holders.

In the next section, we'll discuss how the Deferred Action for Childhood Arrivals (DACA) program can affect eligibility for a marriage-based green card.

The Role of the Deferred Action for Childhood Arrivals (DACA) Program

The Deferred Action for Childhood Arrivals (DACA) program can also play a significant role in the process of applying for a green card for an undocumented spouse. This program provides temporary relief from deportation and work authorization to certain individuals who came to the U.S. as children and meet several guidelines.

If your undocumented spouse is a DACA recipient, their eligibility for a marriage-based green card can be affected in several ways.

**If your spouse applied for DACA before turning 18, or within 180 days of turning 18**, they generally will not be subject to a reentry bar if they have to apply for a green card from outside the U.S. This is because the unlawful presence that triggers the three- or ten-year bars does not begin to accrue until an individual turns 18.

**If your spouse is a DACA recipient and last entered the U.S. with a travel document**, they should be able to apply for a marriage-based green card from inside the U.S. This is because entering with a travel document, such as advance parole, is considered a legal entry.

However, it's important to note that DACA does not have any special effect on whether an undocumented spouse qualifies for a marriage-based green card. Your spouse would still need to meet all the other eligibility requirements for a green card, including not being inadmissible for reasons other than unlawful presence.

In the final section, we'll wrap up with a summary of the key points discussed in this article.

Applying for a green card for an undocumented spouse in the United States can be a complex process, with many factors influencing the risks, expenses, and timelines. 

As a U.S. citizen or green card holder, you have the ability to sponsor your undocumented spouse for a green card. However, the process varies depending on how your spouse entered the U.S. and whether they overstayed their visa or entered illegally. 

The three- or ten-year reentry bars can pose significant challenges, especially if your spouse entered the U.S. illegally. However, waivers are available in certain circumstances, and recent policy changes have made these waivers more accessible to some spouses of green card holders.

The DACA program can also affect your spouse's eligibility for a marriage-based green card, particularly if they applied for DACA before or shortly after turning 18, or if they last entered the U.S. with a travel document.

Remember, while this article provides a comprehensive overview of the process, it's always a good idea to seek professional advice when dealing with immigration matters. Every situation is unique, and an immigration professional can provide guidance tailored to your specific circumstances. Good luck on your journey towards family reunification.

Need help with the Form I-9 process? This guide explains its purpose, who needs it, and how to fill it out. It also provides solutions to common issues and tips for preparing for audits and inspections. This form is used by both U.S. citizens and non-citizens for employment verification, not for determining immigration status.

Form I-9: A Guide to Employment Eligibility Verification in the U.S.

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