How can an undocumented immigrant in the United States become legal?

Jennifer Paulino, New York managing attorney | Marble Law

New York & immigration managing attorney at Marble Law

Published April 28, 2025 · 4 min read

Key Takeaways

Undocumented status results from entry without inspection, overstaying a visa, or violating visa terms
Legal pathways vary and should be guided by an experienced immigration lawyer
Asylum must be filed within 1 year of arrival and supported with strong documentation
Cancellation of removal requires proving extreme hardship to a U.S. citizen or green card holder family member

Who is considered an undocumented immigrant?

You're considered an undocumented immigrant if you’re living in the U.S. without valid legal status. This can happen for several reasons:

You entered the country without inspection or official permission
You overstayed your visa after it expired
You violated the terms of your visa (such as working without authorization)
You ignored a final deportation order

Regardless of how you became undocumented, exploring legal options is possible—but the process can be complicated.

How can an illegal immigrant become legal?

There isn’t a one-size-fits-all answer. Legalization depends on your situation—how you entered the country, your family relationships, and whether you’ve been involved in any legal or immigration proceedings.

Here are the general steps you may need to take:

Contact qualified immigration counsel: Work with an immigration lawyer who can assess your case and recommend the best legal options.
Review adjustment status options: You might qualify through family-based sponsorship, employment, asylum, or other special programs.
File proper immigration forms: Submit the correct USCIS forms, such as Form I-130 (family-based petition) or Form I-485 (adjustment of status), with all required supporting documents.
Document all required information: Include identity records, evidence of physical presence, proof of good moral character, and documents showing your eligibility.
Maintain lawful process compliance: Attend biometrics appointments, respond to any USCIS requests, and show up to all interviews or hearings.

A lawyer holding a US passport during a consultation meeting.

Get the right lawyer for your immigration journey

Schedule a free 15-min call with our team today

Get started

Steps for applying for asylum status

Asylum is an option if you’re afraid to return to your home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Here’s how to apply:

File initial asylum form: Submit Form I-589 within one year of your most recent entry into the U.S.
Submit required supporting documentation: Provide country condition reports, personal statements, and any documents that support your claim.
Provide personal background information: USCIS will ask for your identity details, family background, and why you're applying for asylum.
Attend immigration status interview: You'll meet with an asylum officer who will ask about your case and review your documents.
Present evidence: Use your testimony and documentation to show that your fear of persecution is real and justified.

What if you get a cancellation of removal in immigration court?

If you're in removal (deportation) proceedings, you might be eligible for cancellation of removal, a form of legal relief that lets you stay in the U.S. and apply for a green card. To qualify, you’ll need to:

Prove you’ve been living in the U.S. continuously for at least 10 years
Show that your removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or green card-holding spouse, parent, or child
Demonstrate good moral character

Cancellation of removal is difficult to get, but if approved, it stops deportation and puts you on the path to lawful permanent residence.

Why you should consider an immigration lawyer for your case

If you're undocumented and trying to become legal in the U.S., working with an immigration lawyer is one of the smartest steps. Immigration laws are complicated, and a single mistake on a form—or missing a deadline—can seriously hurt your chances. A lawyer with Marble can help you understand which options you may qualify for, whether that’s asylum, status adjustment, or removal cancellation. With their help, you can avoid costly delays, protect your rights, and improve your chances of a successful outcome.