There are several ways in which an individual may qualify for a “green card,” the document showing lawful permanent residence. The process by which an individual becomes a lawful permanent resident is called adjustment of status. The sections below give the basic information about options for applying for adjustment of status.
What is a lawful permanent resident (LPR)?
An LPR is an individual who is authorized to remain permanently in the U.S. LPRs can work in the U.S., is fully protected under U.S. laws, and can travel internationally. However, LPRs are not eligible to vote and can lose their status if they commit certain crimes or leave the U.S. for a long period. For complete information on the rights and exceptions given to LPRs, visit the USCIS LPR page.
How can I obtain LPR status?
In order to apply for LPR status you must have a basis of adjustment. This basis can be an immigrant petition, approved asylum status, or one of several other USCIS categories, including the diversity lottery and provisions for special immigrants. Out firm’s experience in adjustment cases includes (but is not limited to) the following:
Relative-based immigrant petition (I-130)
One of the most common ways of applying for LPR status is through a family member who is already a U.S. citizen or LPR. This relative may be a spouse, a parent, a child (21 years or older), or a sibling. Spouses and dependent children receive higher preference when applying for this type of adjustment. The sponsor (petitioner) must be able to provide proof of the following:
- U.S. citizenship or LPR status
- Relationship to the applicant (beneficiary)
- Ability to support beneficiary (show income 125% above poverty line)
There are also provisions for fiancees of LPRs and U.S. citizens. For more complete information about relative-based adjustment, please see the USCIS Relative petition page.
Employment-based immigrant petition (I-140)
A person seeking to become an LPR is eligible to file an I-140 petition for him or herself if he or she can demonstrate “extraordinary ability” in sciences, arts, education, business, or athletics. Although it is not necessary to have a specific job offer, you must show that you are entering the U.S. to work in your field of extraordinary ability. You must be able to document your achievements and “sustained national or international acclaim” in your field with awards, prizes, publications, participation in panels or associations, media coverage and/or affidavits from others in your field. Once the petition is approved, you can apply for LPR status inside or outside of the U.S.
More information on how to apply for LPR status as an Alien of Extraordinary Ability is at uscis.gov under “Green Card Through a Job/I-140 Instructions.”
Becoming an LPR through asylum or refugee status
If you have been physically present in the United States for at least one year after your asylum application has been approved or since you were admitted as a refugee, you may apply for LPR status. If you are a refugee it is mandatory that you apply promptly for adjustment of status. Adjustment of status if not mandatory for asylees, but it provides them increased rights and security.
Diversity Lottery (DV) Program
The Diversity Lottery (DV) Program makes 55,000 immigrant visas available annually through a lottery to people who come from countries with low rates of immigration to the United States. The State Department (DoS) holds the lottery every year, and randomly selects “winners” from all qualified entries. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.
The eligibility requirements for the Diversity Immigrant Visa Program are as follows:
- Applicant must be a native of one of the qualifying countries.
- Applicant must have a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education.
- If the applicant does not have a high school education, he or she may substitute two years of work experience, within the past five years, in an occupation requiring at least two years of training or experience.
Becoming an LPR as a special immigrant or through NACARA
There are multiple categories of special immigrant, but the most common type of adjustment is through international governmental organization (IGO) employment. Employees (and their family members) of IGOs like the World Bank and the International Monetary Fund may be eligible to adjust their G-4 visa status to LPR status after a certain number of years of work in the U.S. To determine your eligibility, contact your organization’s visas or human resources department.
Citizens of certain Central American and Eastern European countries may be eligible for relief from removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). More information about the requirements for this type of adjustment can be found here; if you have questions about your eligibility, please contact us.
Becoming an LPR through a U.S. Consulate (Consular Processing)
If you do not currently live in the U.S., you can apply for a green card through the U.S. Consulate or Embassy in the country where you live if a relative or employer has filed an approved I-130 or I-140 petition for you. Visa application forms and documents including identification, medical exams and criminal records clearances are necessary for all consulates. Procedures vary slightly by country, so our office will assist you in submitting the forms and documents required for your consulate to schedule you for an immigrant visa interview.
Information on the specific steps to consular processing is here [http://travel.state.gov/visa/immigrants/info/info_1335.html]
Hardship Waivers and Cancellation of Removal
If you have entered the United States without inspection or have committed a crime, your may not be eligible for adjustment of status. However, some people who are considered “inadmissible” may be eligible for a hardship waiver. Most waivers require the applicant to have a qualifying relative that would suffer extreme hardship if they were to be deported or refused admission. Qualifying relatives may be USC or LPR spouses, parents or children,; however, the exact requirements differ depending on the section of the law on which the waiver is based.
Hardship waivers are very fact-specific and require significant documentation of the alleged hardships. Well-written affidavits from family members and close friends are often important pieces of a waiver request. Letters from psychologists and medical doctors which document the potential hardship are also often essential to a successful waiver petition. Our office draws on significant experience with waiver requests to assist clients with compiling the necessary documentation and supportive legal argument.
Cautions about applying for immigration benefits
We are delighted to help our clients apply for and obtain permanent residence and other benefits for which they qualify. However, applying for any immigration benefit invites government scrutiny. It is extremely important that you discuss the following with an attorney: how you entered the United States, whether you have ever been ordered removed (deported), and whether you have been charged with or convicted of any crime.
While my application is pending, can I travel and work?
In most cases applicants for adjustment of status are permitted to work legally in the U.S. and travel abroad (with some restrictions) while their application is pending. To learn more about employment authorization documents (EADs) and travel documents, please explore our website’s section regarding this subject.
The content of this website is meant only to acquaint you with general information about immigration.This information is not legal advice and is not a substitute for having a consultation with an attorney. If you have additional questions or would like to schedule a consultation, please contact us.