You Don’t Need a Family Petition to Get a Green Card: Employment Options for Those Without Status

Most people think that if they don’t have legal status in the United States, their only hope for a green card is through marriage to a U.S. citizen or another family member. But that’s not always true. Many individuals without current status can still qualify for employment-based green cards, even if they entered without inspection or overstayed a visa.

At Katsivalis & Anderson Law, we frequently help clients explore these options. The key is understanding when unlawful presence does or doesn’t accumulate, and how a waiver or consular process can make employment-based cases possible even for people with complex immigration histories.

When Lack of Status Doesn’t Always Mean Unlawful Presence

Not everyone who is “out of status” has accrued unlawful presence under the law. That distinction matters because the three- and ten-year bars only apply when someone has accumulated unlawful presence before departing the United States.

Several common situations prevent that accumulation. For DACA recipients, if protection was received before turning 18 or before accruing more than 180 days of unlawful presence, those days do not count toward a future bar. Even though DACA is not legal status, it stops unlawful presence from continuing to accrue, which can make consular processing possible later.

Individuals with pending asylum cases are also not accruing unlawful presence while their applications are pending, which can make a major difference for people who have been in the United States for years awaiting a decision.

F-1 students and J-1 exchange visitors are admitted for “duration of status,” not a fixed end date. As a result, unlawful presence does not begin until the government makes a formal determination of a violation. Many people who have overstayed F-1 or J-1 programs can therefore consular process without triggering a bar.

These scenarios allow individuals who may not have current lawful status to attend a consular interview abroad without automatically facing reentry bans.

Using a Waiver When Unlawful Presence Exists

Even if unlawful presence has accrued, a waiver may clear the path. The unlawful presence waiver (Form I-601A) is available when a person has a qualifying relative—a United States citizen or lawful permanent resident spouse or parent—who would suffer extreme hardship if the person could not return to the United States.

This waiver can be used in connection with employment-based green cards, not only family petitions. In practice, an employer can sponsor the immigrant through the PERM labor certification process, and once the immigrant visa is available, the waiver allows the person to consular process and return lawfully.

Employment-Based Green Cards Aren’t Just for “Professionals”

A common misconception is that employment-based green cards are only for people with advanced degrees or specialized skills. In reality, many employment categories are available to ordinary workers performing everyday jobs.

Through the PERM labor certification process, an employer can sponsor a foreign national for a permanent position as long as the job requirements are objective and reflect what the position truly needs, the United States labor market is tested to confirm there are no qualified United States workers available, and the employer can pay the offered wage.

These jobs can range from professional to semi-skilled or unskilled roles. Many positions in manufacturing, caregiving, maintenance, hospitality, food service, and landscaping qualify. It is not about having a degree—it is about having a legitimate, full-time job offer that meets the legal requirements.

4. Why Careful Investigation Matters

Before filing, we conduct a full investigation into each person’s immigration history. This may include requesting records through the Freedom of Information Act (FOIA) to confirm entries, departures, and prior filings. In some cases, we coordinate with criminal or civil attorneys to clarify past matters or verify records abroad.

This level of detail matters. A seemingly small oversight—such as a prior departure, voluntary return, or mistaken admission code—can change whether someone qualifies to consular process or needs a waiver. Our goal is always to find the cleanest, safest path to approval.

5. The Takeaway

If you have have a potential employer willing to sponsor you, employment-based immigration may still be possible even without current status. Between the rules on unlawful presence, available waivers, and the labor certification process that includes jobs at all skill levels, family sponsorship is not the only path to permanent residence.

At Katsivalis & Anderson Law, we help clients understand their options and avoid the costly mistakes that can come from assuming it is impossible. Sometimes, the right job offer—and the right legal strategy—can change everything.