A person who has been granted a Green Card is a lawful permanent resident of the United States. Lawful permanent residence allows an individual to live and work permanently in the United States and may eventually provide a path to U.S. citizenship.
There are several ways a person may qualify for permanent residence, including through family-based immigration, employment-based immigration, the Diversity Visa Program, and certain humanitarian or other immigration categories. The requirements and process vary depending on the basis for permanent residence and the individual's circumstances.
Adjustment of status is the process through which certain individuals who are already in the United States can apply for lawful permanent residence without leaving the country.
Adjustment of status may be available to individuals who qualify for permanent residence through a family relationship, employment, certain humanitarian programs, or other immigration categories. The requirements and timing of the application depend on the basis for permanent residence, whether an immigrant visa is available when required, and the individual's particular circumstances.
Although every case is different, the adjustment of status process generally involves filing an application for permanent residence with U.S. Citizenship and Immigration Services (USCIS), along with the required supporting documentation.
Depending on the applicant's circumstances and eligibility, the process may also include applications for employment authorization and permission to travel while the Green Card application is pending, fingerprinting and background checks, a medical examination, requests for additional evidence, and an interview with USCIS.
Eligibility for adjustment of status depends on the immigration category and the individual's circumstances. Important considerations may include how the individual entered the United States, current and prior immigration status, whether an immigrant visa is available, and whether any grounds of inadmissibility apply.
Issues that may affect eligibility include:
Not every issue prevents a person from obtaining permanent residence, and different rules and exceptions apply depending on the immigration category and individual circumstances. In some cases, a waiver may be available.
A foreign national who is married to a U.S. citizen or lawful permanent resident and is already in the United States may be eligible to apply for a Green Card through adjustment of status.
Marriage to a U.S. citizen or lawful permanent resident does not, by itself, guarantee eligibility to adjust status. The applicant's manner of entry, immigration history, prior applications or petitions, and other circumstances may affect eligibility.
Marriage-based applicants must also establish that the marriage is legally valid and genuine and was not entered into solely for immigration purposes.
An individual who obtains permanent residence through a marriage that is less than two years old at the time permanent residence is granted generally receives conditional permanent resident status valid for two years. The individual must later take additional steps to remove the conditions on permanent residence.
Although a Green Card allows an individual to live permanently in the United States, lawful permanent residence comes with continuing responsibilities.
Extended periods outside the United States, certain criminal convictions, immigration violations, or other circumstances may jeopardize permanent resident status. Lawful permanent residents are also required to report changes of address to USCIS and may not vote in federal, state, or local elections restricted to U.S. citizens.
Many lawful permanent residents may eventually become eligible to apply for U.S. citizenship through naturalization.
Contact Us to discuss your Green Card or adjustment of status matter and how we may be able to help.