Am I “Safe” While Waiting for My Green Card? Understanding Your Real Risks

One of the most common questions I hear from marriage-based green card applicants is:“Am I safe while my application is pending?”

The answer isn't a simple yes or no—it’s more nuanced, and understanding the difference between unlawful presence and lawful status is key.

Unlawful Presence vs. Lawful Status—What’s the Difference?

✅ You Are Not Accruing Unlawful Presence

Once you file a properly submitted green card application (Adjustment of Status), you are generally protected from accruing unlawful presence.This matters a lot, because:

• 180+ days of unlawful presence can trigger a 3-year bar.

• 365+ days can trigger a 10-year bar from re-entering the U.S.

  
  

So if your green card application takes two years to be processed and, for some reason, gets denied—you will not be hit with a 10-year bar simply because you stayed while the application was pending.

⚠️ But You Do Not Have Lawful Status

Here’s the confusing part:

Having a pending green card application does not give you lawful status.

Filing an application does not make you “legal” — it simply tolls (pauses) unlawful presence.

You are basically in an authorized waiting period, but not an official immigration status like a visa, parole, or DACA. Once your green card is approved, status becomes retroactive to the date you filed—but until then, there's a technical gap.

Can ICE Detain Someone With a Pending Green Card?

Historically, no—ICE generally did not target people with pending, bona fide green card applications, especially if they had no criminal history.

But policy shifted on August 1, 2025. Under current enforcement guidance, USCIS and ICE were instructed that they may initiate removal proceedings against applicants who lack lawful status, even if a marriage-based case is pending.

So, Who Is at Risk?

Recent arrests making the news appear to involve:

• Applicants with criminal records

• Applicants who clearly do not qualify for a green card

• Cases involving fraud or misrepresentation

  
  

Who Is Not Being Targeted?

Applicants who:

• Are married to a U.S. citizen

• Have no criminal history

• Would clearly qualify for a green card before an immigration judge

  
  

In most of these cases, detaining the applicant would be a waste of government resources—because an immigration court judge would likely grant the green card anyway.

Final Thoughts: Are You “Safe”?

You are not fully protected from being detained by ICE while your green card application is pending because you do not have lawful status. But if your marriage is real, you have no criminal history, and you qualify for a green card, your risk of enforcement is generally low.

If you have questions or want to discuss Adjustment os Status, Pillar Immigration Services are here to help.

Posted October 2025

Last updated: October 2025