Sponsoring an Undocumented Spouse for a Green Card – TRW Law Firm Guide (2025)
Your Legal Roadmap to Family Reunification in the United States
📍 Can I Sponsor My Undocumented Spouse’s Green Card?
Yes — under specific conditions. The United States immigration system allows U.S. citizens and lawful permanent residents (green card holders) to apply for marriage-based green cards for their spouses, even when the spouse is undocumented.
However, the eligibility, timeline, legal risk, and strategy differ significantly based on:
- Whether the sponsoring spouse is a U.S. citizen or green card holder
- Whether the undocumented spouse entered the U.S. legally or illegally
At TRW Law Firm, we help clients from Bangladesh and other countries navigate complex family-based immigration cases, including green card sponsorship for undocumented spouses.
🇺🇸 If You Are a U.S. Citizen Sponsor
✅ If Your Spouse Entered the U.S. Legally
If your undocumented spouse entered the U.S. with inspection (i.e., on a visa or via the Visa Waiver Program), they can typically adjust status from within the U.S. by filing Form I-485.
- The process is the same as for spouses with legal status
- Your spouse should not leave the U.S. until they receive a green card, or they may trigger a 3- or 10-year reentry bar
❌ If Your Spouse Entered the U.S. Illegally
If your spouse entered without inspection, they will generally need to:
- File Form I-130 (Petition for Alien Relative)
- Leave the U.S. and apply for a green card from a U.S. consulate abroad
- If undocumented for 180+ days, they face a 3- or 10-year reentry bar
- File Form I-601A (Provisional Waiver) to request forgiveness before departing
Note: Multiple illegal entries or deportations could trigger a lifetime ban. TRW provides full legal risk assessments and waiver support.
🤝 If You Are a Green Card Holder (LPR)
As of April 2023, due to the F-2A category backlog, spouses of green card holders face:
- Delays in visa availability
- Ineligibility to apply for green card until priority dates become current
Requirements for Undocumented Spouse of Green Card Holder:
- Must file Form I-130
- Must wait for visa availability under the F-2A category
- If undocumented over 180 days, will need Form I-601A Waiver
Important: In 2025, the Final Action Dates for F-2A are not current, causing additional delays. TRW monitors Visa Bulletin updates monthly to advise on strategic timing.
🌟 DACA Spouses & Green Card Eligibility
Deferred Action for Childhood Arrivals (DACA) can improve your spouse’s chances, depending on:
- Age when unlawful presence began: No accrual before 18
- Use of Advance Parole: DACA holders who re-entered with parole may adjust status from within the U.S.
TRW helps evaluate DACA-related travel histories and builds strong adjustment of status petitions.
📅 Step-by-Step Process
1. File Form I-130
Establish the marital relationship with USCIS.
2. Wait for Visa Availability (Green Card Holders only)
Check Visa Bulletin monthly.
3. File Form I-601A (if required)
Apply for waiver of unlawful presence ban (3/10 years).
4. Consular Processing Abroad
Attend immigrant visa interview at U.S. consulate in your home country.
5. Return to U.S. (if waiver approved)
Enter legally and receive green card.
TRW ensures every waiver is thoroughly supported with documentation and legal arguments.
🔒 Key Risks
- Leaving the U.S. without waiver approval could result in multi-year or lifetime bans
- Multiple illegal entries or deportations often require complex legal strategies
- Misrepresentation or fraud in immigration history can jeopardize green card eligibility
❓ FAQs from TRW Clients
Can my undocumented spouse apply for a green card from within the U.S.? Only if they entered legally, or if covered by DACA with Advance Parole. Otherwise, they must leave and re-enter through consular processing.
What if my spouse has been here for over a year without status? They could face a 10-year reentry bar but may qualify for a provisional waiver (Form I-601A).
Does marriage to a U.S. citizen automatically legalize status? No. It helps start the process, but proper forms, waivers, and legal review are essential.
What if my spouse entered multiple times illegally? This can trigger a lifetime bar. TRW can advise on extreme hardship waivers or alternate legal remedies.
🌐 Why Choose TRW Law Firm for Family Immigration Cases?
- ✅ Deep experience in Bangladeshi family-based immigration
- ✅ Waiver specialists for unlawful presence, fraud, and lifetime bans
- ✅ Visa Bulletin tracking and strategic consular planning
- ✅ Complete legal representation from Form I-130 to green card approval
✨ Begin Your Family Reunification Journey with TRW
Don’t let undocumented status block your path to family unity. TRW Law Firm will stand by your side from petition to green card.
🔗 Book Now: https://booking.tahmidurrahman.com
🌐 Website: www.tahmidurrahman.com
📧 Email: info@tahmidur.com | info@trwbd.com
📞 Phone: +8801708000660 | +8801847220062 | +8801708080817
TRW Law Firm – Your Trusted Partner for Complex Immigration Challenges