Before you judge

People in that situation—brought to the United States as children without legal status and now adults who have lived most of their lives here—are in a complicated and often frustrating legal and personal position. A lot of people call them “Dreamers” or describe them as having grown up undocumented, although not everyone qualifies for specific programs. Here’s how it generally works.

1. Why this situation happens

Many people were brought to the U.S. by parents or relatives when they were very young. After decades in the country they may:

• Speak English as their primary language

• Have gone to U.S. schools

• Have jobs and families in the U.S.

• Have little or no connection to their country of birth

But U.S. immigration law doesn’t automatically give legal status based on time lived here, even if someone arrived as a child.

2. Programs that have helped some people

DACA (Deferred Action for Childhood Arrivals)

The most well-known program is Deferred Action for Childhood Arrivals (DACA).

It was created in 2012 to give certain undocumented immigrants who arrived as children:

• Temporary protection from deportation

• A renewable work permit

However:

• You had to have arrived before age 16 and before June 15, 2007.

• You had to apply during specific windows.

• It does not provide permanent legal status or citizenship.

• Court cases have limited new approvals in recent years.

So a 38-year-old today might qualify if they applied earlier, but many people either didn’t qualify or missed the opportunity.

3. Possible paths to legal status (but they’re limited)

Some people in this situation can still obtain legal status, depending on their circumstances. Common paths include:

Family-based immigration

If they:

• Marry a U.S. citizen, or

• Have a U.S. citizen parent or adult child (21+)

they may be able to apply for a green card. However, entering the U.S. without inspection can complicate this and may require waivers or leaving the country temporarily.

Special visas or protections

In certain cases:

• **U Visa – for victims of certain crimes who cooperate with law enforcement

• **T Visa – for victims of human trafficking

• **Temporary Protected Status (TPS) – for people from certain countries during crises

But these apply only in specific situations.

Cancellation of removal

If someone is placed in immigration court, they might apply for Cancellation of Removal, which requires proving:

• 10+ years in the U.S.

• Good moral character

• That deportation would cause exceptional hardship to a U.S. citizen or permanent resident spouse, parent, or child

This relief is difficult to get and limited each year.

4. Why many people remain stuck

Even after living here for decades, people often can’t legalize because:

• They entered without inspection

• Immigration laws don’t have a “long-time resident” pathway

• Legal fees and documentation requirements can be difficult

• Some programs opened and closed quickly

• Political gridlock has prevented broader reforms

5. The broader debate

This issue is at the center of ongoing U.S. political debate. Some policymakers support creating a pathway to citizenship for people brought as children, while others oppose expanding legalization programs.

There have been multiple proposals in Congress—often called versions of the **DREAM Act—but none have passed into permanent law yet.

⸻

✅ In simple terms:

A 38-year-old who was brought here as a child and grew up in the U.S. may feel American in every practical sense, but legally they may still be undocumented unless they qualify for a specific immigration pathway.