⚠️ Policy update (May 21, 2026): USCIS Policy Memo PM-602-0199 now treats adjustment of status (Form I-485) as discretionary relief granted only in “extraordinary circumstances,” pointing most applicants toward consular processing abroad — and it is widely read as reaching already-pending applications. Where this page describes adjusting status inside the US, expect heavier discretionary scrutiny and document positive ties thoroughly. Details: Adjustment of status vs consular processing.

⚠️ CRITICAL ALERT: H.R.1 / OBBBA changes effective May 29, 2026

Official source: Federal Register 2026-08333

Verified: 2026-05-25

The One Big Beautiful Bill Act (H.R.1, Public Law 119-21) introduces MAJOR changes to immigration fees, effective May 29, 2026:

Critical changes

ProcessBefore HR-1After HR-1Impact
Asylum application (Form I-589)FREE$100 feeCannot be waived. Applications WITHOUT fee will be REJECTED
Annual Asylum Fee (AAF)N/A$100/year while pendingNEW recurring fee per year application remains pending
Form I-94 (replacement)Free for most$24Form I-102 now has additional fee
TPS Employment Authorization (EAD)Up to 18 monthsMaximum 1 yearMore frequent renewals required

What this means

Before: applying for asylum was FREE. Process could take 4-7 years but cost nothing.

Now (May 29, 2026+):

  • $100 upon filing Form I-589
  • $100 every year application remains pending
  • Typical total (4-7 year process): $500-$800 in mandatory fees
  • Fee waivers NOT permitted by statute
  • Applications WITHOUT payment will be REJECTED
  • Asylum fee: 8 U.S.C. 1802
  • Annual Asylum Fee (AAF): 8 U.S.C. 1808
  • I-94 fee: H.R.1 Public Law 119-21
  • TPS EAD limit: 8 U.S.C. 1803(c), 8 U.S.C. 1811(a)

Entering the US without inspection (EWI), commonly called “crossing the border,” is the entry method for an estimated 55-60% of undocumented immigrants. Paths to legal status exist but are typically harder than for visa overstayers.

Critical: “Inadmissible” status

EWI entry typically makes you “inadmissible” under INA Section 212(a)(6)(A) — present without admission or parole. This affects which paths are available:

  • Adjustment of Status (AOS) in US: usually NOT possible directly (requires inspection)
  • Consular Processing (CP) abroad: requires waiver for 3/10-year bar after departure
  • Cancellation of Removal: possible if in deportation court (10+ years)
  • Asylum, VAWA, U-visa, T-visa: NO inspection requirement — full options available

Available paths

Path A: Adjustment via 245(i) — if you qualify (RARE)

If you (or your spouse/parent) had a Form I-130 or labor certification filed BEFORE April 30, 2001:

  • 245(i) provision allows AOS despite EWI entry
  • Pay $1,000 penalty + I-485 fees
  • Very narrow eligibility — verify with attorney

Path B: Consular Processing with I-601A waiver (most common for EWI married to USC)

If married to US citizen:

  1. File I-130 with USC spouse
  2. File I-601A (Provisional Unlawful Presence Waiver) — BEFORE leaving
  3. Get waiver approval (12-18 months)
  4. Leave US to home country
  5. Attend consular interview at US embassy
  6. Re-enter US with immigrant visa

Critical: I-601A waiver eliminates the 3/10-year bar trigger. Without waiver, leaving = stuck out 3 or 10 years.

Path C: DACA (if eligible)

If entered before age 16, were present June 15, 2007, and meet education requirements:

  • Form I-821D + Form I-765
  • Provides work authorization + protection from deportation
  • 2-year renewable
  • Does NOT lead directly to LPR but provides time and stability
  • See: DACA path detail

Path D: Asylum (if you fear persecution)

If you face persecution in your home country:

  • File Form I-589 within 1 year of arrival
  • After approval: green card in 1 year
  • EWI entry does NOT bar asylum
  • See: Asylum path detail

Path E: VAWA self-petition (if abused by USC/LPR family)

If abused by USC or LPR spouse, parent, or adult child:

  • Form I-360 self-petition
  • Confidential, FREE
  • EWI entry does NOT bar VAWA
  • See: VAWA path detail

Path F: U-visa (crime victim)

If victim of qualifying crime AND cooperating with law enforcement:

  • Form I-918
  • EWI entry does NOT bar U-visa
  • 4-year backlog
  • See: U-visa path detail

Path G: T-visa (trafficking victim)

If victim of trafficking in US:

  • Form I-914
  • EWI entry does NOT bar T-visa
  • See: T-visa path detail

Path H: Cancellation of Removal

If in deportation proceedings AND in US 10+ years AND have USC/LPR family who would suffer hardship:

  • EOIR-42B in court
  • 4,000 grants per year (highly competitive)
  • See: Cancellation path detail

Path I: SIJ — Special Immigrant Juvenile

If under 21, in US, and a state court found you abused/abandoned/neglected by one or both parents:

  • Form I-360 + state court findings
  • Leads to green card
  • See: SIJ path detail

Path J: Waiver for unlawful presence (if leaving to apply)

If you must leave the US and need to overcome the 3/10-year bar:

  • Form I-601A (provisional waiver — before leaving)
  • Form I-601 (waiver from abroad)
  • Requires “extreme hardship” to USC/LPR spouse or parent

What to AVOID

  • ❌ Leaving US without waiver if you might want to return (triggers 3/10-year bar)
  • ❌ Re-entering after deportation without consent (federal felony — 8 USC 1326)
  • ❌ Trusting “notarios” for complex EWI cases
  • ❌ Filing asylum after 1-year deadline without compelling change in conditions
  • ❌ Ignoring immigration court NTAs

Resources

Last verified: 2026-05-25.

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General procedural information based on official sources. Not personalized legal advice.