Legal Question in Immigration Law in Florida

Re: illegal immigrant

It depends on how the person entered the U.S. ('illegally' or with a valid visa or passport).

You can found comprehensive information here:

http://www.msclaw.com/What_are_the_lega_requirementsGC.html

http://www.msclaw.com/i-601-unlawful-presence-waiver.html

Re: illegal immigrant

1. Generally, if a person entered the country legally - it can be done, even if that person overstayed his/her visa and is now in the country illegally;

However, sometimes even a person who entered legally cannot adjust (for example, a J-1 visa holder who is subject to a 2-year foreign residency requirement - and there are other examples) - a lawyer would be able to confirm eligibility.

2. If, however, that person entered illegally - i.e., clandestinely crossed the border without going through a border checkpoint - he/she would be out of luck.

There are rare instances when it might still be possible - for that you would need to consult an attorney.