US green card

[Zasalinas]

Can a person living in the US illegally simply apply for a green card without having to marry someone? I’ve seen many Americans telling illegals to come here legally, but I’m not aware of any process besides work visa and student visa however I believe neither of those grant you citizenship.

 

[t74]

Not at this time. If you are not an overstay, even marrying a US citizen will not generally provide you a way to a green card. Illegal entry is not "forgiven" by marriage to a US citizen; illegal overstay after a legal entry is - subject to some restrictions based on the visas category in which you entered..

You will get more information on the visajourney forum.

 

[FlyingRon]

Actually, if you didn't enter legally, you can't adjust status from inside the US, regardless of whether you marry a US citizen or not.

If you entered legally, but overstayed, you likely can apply for an adjustment of status. But as for your original question, you can't adjust status to legal (even a non-permanent resident basis) unless you meet the legal requirements for such an adjustment. Marriage to a US citizen is one of the ways. There are others. But we can't guess if any apply to you. Just being here on an overstay itself isn't going to do it.

You can check all the forums you want, but your best bet would be to contact an immigration attorney.

 

[not2cleverRed]

Can a person living in the US illegally simply apply for a green card without having to marry someone? I’ve seen many Americans telling illegals to come here legally, but I’m not aware of any process besides work visa and student visa however I believe neither of those grant you citizenship.

Yes, in order to "come here legally", you have to first not be here. You have to leave and then lawfully reenter.

https://www.uscis.gov/us-citizenship

https://www.uscis.gov/greencard

 

[FlyingRon]

I think he was talking about entering legally but overstaying. If you are accumulating illegal presence, but have a legal way to adjust status, then you'd be well advised to apply from within the US. If you didn't enter legal, you can't adjust status here, and when you do leave (or are forced to leave), you may find yourself barred for attempting to return.

Citizenship isn't going to happen unless you have permanent residence, no matter long you are here, legally or not.

Permanent residence is not granted just because you ask for it, no matter how you enter.

This appears to be a hypothetical issue, but to answer your question, you don't get any preference for being here other than they won't deport you while a legitimate change of status is in progress. Anybody trying to enter the US (or adjust status to remain),had best run the details by competent counsel (i.e., an attorney).

 

[Mass_Shyster]

I've seen several cases where people living here for 10+ years have been able to get a green card. You can google non LPR cancellation of removal. The way I've seen it done is the person submits an asylum application, the asylum is denied, and that person is placed in removal proceedings. If they can show they meet the criteria for non LPR cancellation, they'll get a green card. If not, they get deported.