Many people wonder why all immigrants do not just come to the United States legally or simply apply for citizenship while living here without authorization. These suggestions miss the point: There is no line available for current undocumented immigrants and the “regular channels” are largely not available to prospective immigrants who end up entering the country through unauthorized channels. Even though more than 80 percent of undocumented immigrants have lived in the United States for over 10 years, many could live out the rest of their lives without any opportunity to become legal residents of this country.

No “line” is available for the vast majority of undocumented immigrants.

Immigration to the United States on a temporary or permanent basis is generally limited to three different routes: employment, family reunification, or humanitarian protection. Each of these legal avenues is highly regulated and subject to numerical limitations and eligibility requirements. As a result, most undocumented immigrants do not have the necessary family or employment relationships and often cannot access humanitarian protection, such as refugee or asylum status. This means that no matter how long they have been in the United States, most undocumented immigrants have no way of achieving legal status. Even those who pay taxes, work hard, and contribute to their communities have no way to “get in line” unless Congress creates a new pathway to legal status.

Many undocumented immigrants are barred from obtaining legal status while inside the United States.

Unauthorized Undocumented immigrants who entered the United States without being legally admitted and inspected are generally not eligible to obtain green cards while still inside the country. Even if there is a visa available, they are barred from “adjusting status” and getting a green card without first leaving the country because of how they entered the United States.

However, leaving the country to obtain a visa can have significant negative consequences. Any person who has been out of status for more than 180 days, but less than one year, is barred from being re-admitted or re-entering the United States for three years; while anyone who has been out of status for more than one year is barred for 10 years. Although waivers to these bars exist, they are difficult to obtain. This means that even when a visa is available, undocumented immigrants must risk spending up to 10 years away from their families in the United States before being allowed to reenter the country. 

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