I previously lived in the US illegally. Can I adjust my status through the NIW?

The EB-2 NIW (National Interest Waiver) is a green card pathway for qualified professionals who demonstrate that their work serves the national interest of the United States, without requiring a job offer. However, it was not designed to erase the effects of a prior unlawful presence in the country.

Having lived in the United States illegally can lead to serious immigration consequences, such as inadmissibility and re-entry restrictions. These effects can apply to any visa category, including the EB-2 NIW, even if the applicant meets the merit criteria for the pathway.

In many of these cases, regularizing the situation involves filing inadmissibility waivers, which are complex procedures that depend on the specifics of each individual history. Qualifying for the NIW and overcoming an inadmissibility bar are separate analyses, and one does not guarantee the other.

Because this is a sensitive scenario, the best approach is to seek specialized guidance and check the updated requirements from the official source (USCIS) before taking any steps, avoiding promises of easy solutions.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.