|
false
false
false
EN-US
X-NONE
X-NONE
MicrosoftInternetExplorer4
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. |
