Can I Apply for Green Card If Entered Without Inspection and Have USC Children? (2025 Guide)

By Richard T. Herman, Immigration Attorney – Herman Legal Group

Introduction

If you entered the United States without inspection (often called “EWI”) — for example, by crossing the border without being admitted by an immigration officer — and now have U.S. citizen children, you’re not alone in asking: The first step in obtaining a green card is having someone submit a visa petition on your behalf. U.S. citizens can petition for their spouses, children under 21, sons and daughters over 21, and parents. In family-based immigration, the relationship between the petitioner and the family member seeking benefits is crucial, as only certain family members are eligible to be sponsored under U.S. immigration law.

“Can I apply for a green card through my U.S. citizen child?”

The simple answer is:

maybe — but only if you qualify for a legal exception such as Parole in Place, INA § 245(i), or a waiver of unlawful presence.

This 2025 guide explains, in plain language, how entry without inspection affects your eligibility, what exceptions exist, and what real legal pathways may be available for families hoping to fix their immigration status.

At a Glance: The Key Legal Issue

Entry Without Inspection (EWI) means you were not lawfully admitted at a U.S. port of entry. Under INA § 245(a), only people “inspected and admitted or paroled” can adjust status (get a green card) inside the U.S. Aliens who are not lawfully admitted are subject to specific immigration procedures and legal requirements regarding adjustment of status.

That means:

• If you entered illegally, you generally cannot file Form I-485 inside the country.
• You would usually have to leave and apply abroad — but that triggers bars for unlawful presence (3-year, 10-year, or permanent bars).

Fast Fact:

A U.S. citizen child under 21 years of age cannot file a petition for a parent.
They can only sponsor you after reaching 21 years of age, and even then, you must still overcome the EWI bar.

 

Table of Contents

1. Understanding Entry Without Inspection (EWI)
2. How U.S. Citizen Children Can Help
3. Why EWI Creates a Major Barrier
4. Legal Exceptions That May Allow Adjustment
   a. INA § 245(i) Grandfathering Provision
   b. Parole in Place (PIP) for Military Families
   c. Humanitarian Parole and Advance Parole
   d. Other “Admitted” Equivalents – TPS & VAWA
5. Consular Processing & Waivers
6. How Waivers Work: I-601 and I-601A Explained
7. Realistic Case Scenarios (2025)
8. Choosing the Right Immigration Attorney
9. Frequently Asked Questions (FAQs)
10. Key Takeaways

Understanding Entry Without Inspection (EWI)

If you entered the U.S. by crossing the border without being inspected by a Customs and Border Protection (CBP) officer, you are inadmissible under INA § 212(a)(6)(A)(i). Under immigration law, this section establishes the legal framework for determining who is eligible to seek lawful permanent residence and outlines the consequences for unauthorized entry. Foreign nationals who have not been inspected are subject to these inadmissibility rules.

This matters because adjustment of status — the process for applying for a green card inside the U.S. — is only open to those who were “inspected and admitted or paroled.”

Key Insight

Entry without inspection means you do not meet the basic requirement to adjust status inside the U.S., even if you have a U.S. citizen child ready to file an I-130 for you.

Important Note

EWI immigrants are also subject to unlawful presence penalties. Leaving the U.S. without a waiver could trigger a 10-year bar from reentry. Additionally, leaving the U.S. without a waiver may result in being placed in removal proceedings if you attempt to reenter or are found by immigration authorities.

How U.S. Citizen Children Can Help

Having U.S. citizen children provides one of the few potential paths to permanent residency. However, it’s limited: Parents of U.S. citizens are considered immediate relatives, and thus a visa is always available to them.

To prove eligibility, you must provide evidence of your relationship to your U.S. citizen child, such as a birth certificate and other supporting documentation.

Fast Fact

Your U.S. citizen child becomes an “immediate relative” sponsor when they turn 21, meaning no quota wait time.
But that alone does not erase the unlawful entry issue.

Why EWI Creates a Major Barrier

Even if your 21-year-old U.S. citizen child files an I-130 and USCIS approves it, you cannot adjust status unless you were admitted, paroled, or 245(i)-eligible. Once USCIS approves the visa petition, a parent can proceed to apply for lawful permanent resident status, with the goal of becoming a permanent resident. However, the beneficiary must wait for a visa to become available before applying for lawful permanent resident status.

Without lawful admission and without having lawful status, USCIS will deny your I-485 because you were never “admitted or paroled” into the U.S.

Expert Tip

Many parents of U.S. citizen children must leave the country and apply at a U.S. consulate abroad, meaning they must complete the green card process outside the United States through consular processing — a risky move that triggers unlawful presence bars unless you secure a waiver.

Legal Exceptions That May Allow Adjustment

Several exceptions can overcome the EWI barrier. These exceptions provide ways to legally adjust status, even if you entered the U.S. without inspection. If you qualify, the government may grant an exception or waiver, officially approving your eligibility to proceed with your immigration application. Let’s break them down clearly.

INA § 245(i) Grandfathering Provision

This special rule allows certain immigrants who entered without inspection to still adjust status if they are “grandfathered” under § 245(i).

You qualify if:

• You were the beneficiary of a family- or employment-based petition or labor certification filed on or before April 30, 2001; and
• You were physically present in the U.S. on December 21, 2000 (if filed after January 14, 1998).

If eligible, you can pay a $1,000 penalty fee and adjust status inside the U.S., even if you entered illegally.

Important Note:

This is one of the strongest exceptions to the EWI bar — but it only applies to a shrinking group of people with old petitions filed before 2001.

Click for USCIS reference: USCIS – INA 245(i) Adjustment of Status

Parole in Place (PIP) for Military Families

Parole in Place is a discretionary program allowing certain undocumented family members of U.S. military personnel (active duty, reserve, or veterans) to be “paroled” while remaining inside the U.S.

Once paroled, they meet the “admission or parole” requirement of INA 245(a).

Eligible relationships:

• Spouse, parent, or child of a U.S. citizen who is serving or has served in the U.S. Armed Forces.

Fast Fact:

PIP is one of the few ways for EWI immigrants to adjust inside the U.S. without leaving.

Government source: USCIS – Parole in Place for Military Families

Humanitarian Parole and Advance Parole

Humanitarian parole is granted for urgent humanitarian or public benefit reasons — such as medical emergencies or to reunite families temporarily. If a person is granted parole into the U.S., that can make the person eligible to adjust status later if they have a qualifying relative (such as a U.S. citizen child). To apply for parole or adjustment, the person must submit the appropriate forms, such as Form I-131 for parole and Form I-485 for adjustment of status, along with any required supporting documents.

Advance Parole, by contrast, applies to someone already in valid DACA or TPS status who travels abroad and returns with lawful parole, “curing” their prior EWI.

Key Insight:

If you have DACA or TPS and reenter with Advance Parole, you become “paroled” for purposes of § 245(a). That may make you eligible to adjust through your U.S. citizen child.

Official guidance:USCIS – Advance Parole

Other “Admitted” Equivalent: VAWA

Certain categories are treated as having lawful admission or parole:

• VAWA Self-Petitioners:If you qualify under the Violence Against Women Act, you may adjust status despite EWI. VAWA includes special statutory exceptions to the admission requirement. However, individuals who do not meet the VAWA criteria are ineligible for this exception.

Expert Tip:

Always confirm the latest federal court rulings in your jurisdiction.

Consular Processing & Waivers

If none of the above exceptions apply, the usual path is consular processing.
Here’s how it works: Undocumented parents who entered without inspection typically face a more complicated process requiring consular processing. Consular Processing is conducted outside of the United States, typically at a U.S. consulate in the applicant’s home country. The Department of Homeland Security reviews applications and supporting documents as part of the process, ensuring compliance with immigration and national security requirements. Pursuing consular processing carries the risk of a 3- or 10-year bar on re-entry, even with a provisional waiver.

1. Your 21+ U.S. citizen child begins the process by filing an I-130 petition.
2. Once approved, your case is transferred to the National Visa Center** (NVC)**.
3. You apply for an immigrant visa abroad.
4. Before leaving, you may file for an I-601A Provisional Unlawful Presence Waiver to avoid triggering a long bar.

Need to Know

The I-601A waiver only forgives unlawful presence, not illegal entry or reentry after removal.
It cannot waive the “permanent bar” under INA 212(a)(9)(C).

How Waivers Work: I-601 and I-601A Explained

When applying for a waiver, you must submit proof of the extreme hardship your qualifying relative (such as a U.S. citizen or lawful permanent resident spouse or parent) would face if you were denied admission.

Fast Fact:

The I-601A waiver cannot be based on hardship to a U.S. citizen child — only to a U.S. citizen or LPR spouse or parent.

Expert Tip:

That’s why many parents of U.S. citizen children explore spousal waivers or 245(i) eligibility instead.

Official resource: USCIS – I-601A Provisional Unlawful Presence Waiver

Realistic Case Scenarios (2025)

Scenario A: 22-year-old U.S. Citizen Child, Parent EWI

• Parent entered unlawfully in 2005.
• No prior petitions, no 245(i) eligibility.
• Child files I-130 → approved.
• Parent cannot adjust inside U.S. → must leave for consular processing + I-601A waiver.
• Risk: Denial or permanent bar if prior removal.

Outcome: Possible but complex; waiver essential.

Scenario B: Parent Married to U.S. Citizen and Has Citizen Children

• Parent entered without inspection, married a U.S. citizen after entry.
• Eligible for I-601A waiver based on spousal hardship.
• After waiver approval, parent attends interview abroad and reenters with immigrant visa.

Outcome: Most common successful path for EWI parents.

Scenario C: Parent EWI but “Grandfathered” under 245(i)

• Parent had an old I-130 filed by sibling in 2000.
• Qualifies under § 245(i).
• Now child (age 25) files new I-130 → parent adjusts status inside U.S. after paying $1,000 fine.

Outcome: Rare but direct adjustment without leaving.

Scenario D: Parent Granted Parole in Place (Military Child)

• Parent is mother of active-duty Marine.
• Granted Parole in Place → now considered “paroled.”
• Adjusts status inside the U.S. as an immediate relative.

Outcome: Strong success rate; minimal risk.

Choosing the Right Immigration Attorney

When facing entry-without-inspection and waiver issues, experience matters. Choose a lawyer with deep knowledge of EWI, unlawful presence bars, waivers, and family-based petitions. It is crucial for undocumented parents to speak truthfully with a legal representative regarding their immigration history. Consulting with an immigration attorney or a DOJ-accredited representative is crucial before moving forward in the immigration process. These professionals provide immigration services to help clients navigate the steps, registration requirements, and legal compliance involved in obtaining lawful permanent residence.

Need to Know:

Herman Legal Group represents clients in all 50 states, providing in-depth strategy for undocumented parents seeking waivers and family-based immigration solutions.

Frequently Asked Questions (FAQs)

1. Can my U.S. citizen child sponsor me while I’m undocumented?

Yes, once your child turns 21 — but you cannot adjust inside the U.S. unless you qualify for an exception (like Parole in Place or 245(i)).

2. Can I get a green card if I leave the U.S. for consular processing?

Possibly, but you’ll likely need a waiver of unlawful presence to avoid the 10-year reentry bar.

3. What if I reentered illegally after a prior removal?

That triggers a permanent bar (INA § 212(a)(9)(C)), which requires 10 years abroad before you can apply for a waiver.

4. Does having U.S. citizen children protect me from deportation?

No automatic protection — but ICE often uses prosecutorial discretion in cases with strong family ties.

5. Is there any new relief proposed in 2025?

There are advocacy efforts to expand Parole in Place beyond military families, but as of 2025, no new nationwide policy has taken effect.

Key Takeaways

• Entry without inspection (EWI) normally bars adjustment inside the U.S.
• U.S. citizen children can sponsor you only after turning 21 — but do not erase unlawful entry or presence issues.
• Obtaining lawful permanent residence (a green card) is often a key step toward eventual U.S. citizenship.
• Exceptions exist:
• INA § 245(i) grandfathering
• Parole in Place (military families)
• Humanitarian or Advance Parole (especially for DACA/TPS holders)
• VAWA & TPS admission equivalents
• If no exception applies, you may need to pursue consular processing + waiver (I-601A).
• Waivers require proving extreme hardship** to a U.S. citizen or LPR spouse/parent**, not to a child.
• Consult an experienced immigration lawyer to evaluate 245(i) eligibility, potential parole routes, and waiver strategy.
• Never depart the U.S. without legal advice — you could trigger a long or permanent bar.