If you entered the United States without going through an official port of entry, you may have heard that getting a green card eligibility is impossible—even if you’re married to a U.S. citizen. The reality is more nuanced. Entry without inspection (EWI) creates significant barriers to adjustment of status, but exceptions exist. Understanding your options requires knowing the rules and when they don’t apply.
What "Entry Without Inspection" Means
Entry without inspection occurs when someone enters the United States without presenting themselves to an immigration officer at an official border checkpoint. This includes crossing the border at unauthorized locations, being smuggled into the country, or otherwise avoiding formal inspection. USCIS systems often record this as “EWI.”
The legal consequence is straightforward: under INA § 212(a)(6)(A), a person present in the United States without being admitted or paroled is inadmissible. This inadmissibility ground is separate from unlawful presence and carries its own set of immigration consequences.
Why EWI Matters for Adjustment of Status
To adjust status under INA § 245(a)—the standard pathway to a green card from inside the United States—an applicant must have been “inspected and admitted or paroled.” This threshold requirement exists regardless of family relationships. Someone who entered without inspection simply does not meet this basic eligibility criterion, no matter how strong their case might otherwise be.
This creates a painful situation for many families. A person who entered without inspection and later married a U.S. citizen cannot simply file Form I-485 and adjust status in the United States. The marriage itself does not cure the manner of entry.
The General Rule: EWI Bars Adjustment of Status
The default rule is clear: if you entered without inspection, you cannot adjust status inside the United States. This applies even to immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) who would otherwise be able to adjust status despite other issues like overstaying or working without authorization.
This is one of the harshest aspects of current immigration law. A person who entered lawfully on a tourist visa and overstayed for years may be able to adjust status if married to a U.S. citizen, while someone who entered without inspection even once cannot—regardless of how long ago the entry occurred or how compelling their circumstances.
Exception: INA § 245(i) Grandfathering
Section 245(i) provides a narrow but important exception. This provision allows certain individuals to adjust status despite EWI, unauthorized employment, or failure to maintain lawful status—if they meet specific requirements tied to old petition filing dates. To qualify under 245(i), you must:
- Be the beneficiary of a qualifying immigrant petition (Form I-130 or I-140) or labor certification filed on or before April 30, 2001
- Have been physically present in the United States on December 21, 2000, if the petition was filed between January 15, 1998, and April 30, 2001
- Pay an additional $1,000 penalty fee
- Be otherwise admissible or eligible for a waiver
The petition must have been “approvable when filed“—meaning it was properly submitted with correct fees and signatures and met substantive requirements at the time. A later denial or withdrawal does not necessarily eliminate 245(i) eligibility if the petition was valid when filed.
Because the deadline passed over two decades ago, 245(i) now applies to a shrinking pool of individuals. However, derivative beneficiaries (spouses and children of the principal beneficiary) may still be able to use this provision in some circumstances.
Other Limited Exceptions
A few other pathways exist for individuals who entered without inspection:
- Military Parole-in-Place: Certain spouses, children, and parents of active-duty service members, reservists, or veterans may be eligible for parole-in-place. This discretionary grant of parole can cure a prior EWI for adjustment purposes.
- VAWA Self-Petitioners: Victims of domestic violence who qualify under the Violence Against Women Act may be exempt from the EWI inadmissibility ground under certain circumstances.
- U and T Visa Holders: Crime victims with U visas and trafficking victims with T visas have specific adjustment provisions that may apply despite entry without inspection.
- Registry: Individuals who have resided continuously in the United States since before January 1, 1972, may be eligible for registry, though this applies to very few people today.
The Alternative: Consular Processing with Unlawful Presence Bars
For most people who entered without inspection, the only path to a green card is consular processing—leaving the United States and applying for an immigrant visa at a U.S. consulate abroad. This creates a serious complication.
Under INA § 212(a)(9)(B), anyone who accrues more than 180 days of unlawful presence and then departs faces a three-year bar on reentry. Those with more than one year of unlawful presence face a ten-year bar. Since unlawful presence begins accumulating immediately upon entry without inspection (for adults), most EWI individuals will trigger one of these bars the moment they leave.
A waiver of these bars is available through Form I-601 or the I-601A provisional waiver process, but approval requires demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. The I-601A process allows applicants to apply for the waiver before departing, reducing separation time if approved.
Why Legal Consultation Matters
Entry without inspection cases involve overlapping grounds of inadmissibility, strict eligibility requirements, and high-stakes decisions about whether and when to leave the United States. A miscalculation can trigger bars that last years or, in cases involving multiple unlawful entries, create permanent inadmissibility.
The Law Office of Matthew W. Peterson can evaluate whether you qualify under 245(i) or another exception, assess your exposure to unlawful presence bars, and help you understand whether consular processing with a waiver is a viable path forward. If you or a family member entered without inspection and are exploring green card eligibility options, schedule a consultation to discuss your specific situation.
This article provides general information, not legal advice.
Sources:
- USCIS Policy Manual, Vol. 7, Part B, Ch. 2 (Eligibility Requirements): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2
- USCIS, Green Card through INA 245(i) Adjustment: https://www.uscis.gov/green-card/green-card-eligibility/green-card-through-ina-245i-adjustment
- USCIS, Unlawful Presence and Inadmissibility: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
- American Immigration Council, The Three- and Ten-Year Bars: https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars
- ILRC, Family-Based Adjustment of Status Options (Oct. 2024): https://www.ilrc.org/sites/default/files/2024-10/Family-Based%20Adjustment%20of%20Status%20Options.pdf
