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To apply for a green card inside the United States without having to leave the country at any point in the application process, a person must show that (1) he or she entered legally or was included in a petition that was submitted on or before April 30th, 2001, (2) does not have any disqualifying penalties, and (3) has an immediately available way to apply through a family member's petition.
What Counts as a Legal Entry?
(1) With a Visa. For example, if a person entered into the United States with a tourist visa, then that counts as a legal entry into the United States. Once a person has entered legally into the United States, that person is eligible to apply for a green card inside the United States through a U.S. citizen spouse or U.S. citizen son or daughter that is 21 years old.
(2) With Advance Parole. Advance Parole is a travel permit that a person already inside the United States can request to travel abroad and return to the United States legally. For example, if a person with TPS or DACA obtains an advance parole document, he or she can travel abroad and return to the United States legally with the advance parole document. Upon entry, that person will have a legal entry into the United States and will be eligible to apply for a green card in the future through a U.S. Citizen spouse or U.S. citizen son or daughter that is 21 years old.
(3) With a "Wave-Through" at the Border. Although uncommon, it is not unusual for a Customs and Border Patrol (CBP) officer to speak only to the driver of a vehicle at the Mexico-USA border while "waving" through the remaining passengers in the vehicle without speaking to them or without issuing them any paperwork. In such a case, the passengers in the vehicle would have a legal entry into the United States because they presented themselves to a CBP officer who allowed them to pass into the United States. This would constitute a legal entry into the United States, making a person eligible to apply for a green card in the future through a U.S. Citizen spouse or U.S. citizen son or daughter that is 21 years old.
(4) With Parole in Place. Parole in Place (PIP) is a legal entry given to a person that is already inside the United States and who has family members in the U.S. military. The person must have a family member in the United States military or coast guard that is currently on active duty or has been honorably discharged. Upon approval of a Parole in Place application, a person will have a legal entry into the United States and will be eligible to apply for a green card in the future through a U.S. Citizen spouse or U.S. citizen son or daughter that is 21 years old.
(5) With a Work Permit. Although uncommon now, in the past some work permits were issued that served as travel permits as well. In 1986, a person that applied as a Special Agricultural Worker (SAW) could eventually be issued a work permit that also served as a travel permit. If a person with that type of work permit traveled abroad and returned to the United States with that work permit, then that counts as a legal entry into the United States. Such a person would be eligible to apply for a green card inside the United States through certain U.S. citizen or Legal Permanent Resident family members.
Are There Any Exceptions for Someone That Does Not Have a Legal Entry?
(3) Being Included in a Petition Filed on or before April 30, 2001.There is an exception to the legal entry requirement for anyone included in a petition that was filed on or before April 30, 2001. You can be included in a petition directly or indirectly. For example, you can be the direct beneficiary of a petition if someone filed a petition for you directly on or before April 30th, 2001 such as your spouse, sibling, or parent.
Additionally, you can also be included in a petition indirectly if you were the spouse or child of the person that had a petition filed.
For example, if your aunt, uncle, or grandparent filed a petition for one of your parents, then you would be included indirectly as a child of your parents. Because you were also included in the petition indirectly, you would fall under the exception to the legal entry requirement. As a result, you would be able to eligible to apply for a green card inside the United States.