Permanent Residence (Green Card)

Are you Eligible for a Green Card?

Adjustment of Status

Adjustment of Status is the procedure to obtain a green card in the United States. To adjust status, the applicant:

  1. Must be eligible to receive an immigrant visa (please see Family-Based Immigration or Employment-Based Immigration, Permanent Residency through Marriage, Asylum, etc.);
  2. Immigrant visa must be immediately available to the applicant at the time his/her application is filed; and
  3. Must have been inspected and admitted or paroled into the United States.
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The requirement that the applicant must have been inspected and admitted or paroled prevents illegal immigrants to adjust status. If a person has falsified documents to enter the US or illegally crossed the border, he or she is deemed not inspected and admitted into the US. In such cases, the applicant must go back to his/her home country to adjust status; however, there may be other immigration consequences if the applicant leaves the US (such as, triggering of a 3-year or 10-year ban from the US). Before taking any action, please consult with us for free at 405.600.9910.

An applicant may adjust status even if he/she entered the country illegally under certain circumstances. Under the Life Act Amendments of 2000 (INA 245(i)), certain individuals who entered illegally are allowed to adjust status inside the U.S. as long as they meet certain requirements (this is often called "grandfathering"). To be eligible for this benefit, the applicant must have:

  1. Been physically present in the US on December 21, 2000;
  2. Immigration petition or the labor certificate application must have been filed on or before April 30, 2001; and
  3. Must pay $1000 penalty.

If you eligible for grandfathering, it provide several important benefits. This includes being able to change different immigration categories yet being able to maintain the "grandfathering" status. For example, A (U.S. Citizen) files for B (his brother), C (brother's spouse) and D (brother's child) under the Fourth Category for brothers and sisters of U.S. Citizens. If D turns over 21 years old and marries a U.S. Citizen, he will still be grandfather in and allowed to adjust status in the United States as an "immediate relative" of a U.S. Citizen. Please keep in mind that the Life Act Amendments of 2000 have several restrictions in addition to its benefits. To read more about adjusting status under INA 245(i), please carefully read USCIS's 245(i) Memorandum.

Finally, it should be noted that an applicant may work while his/her adjustment of status application (I-485) is pending by requesting employment authorization. Once the applicant receives an Employment Authorization Document (EAD), he/she may legally work in the United States and able to receive a social security number.

Consular Processing

Consular Processing is the procedure by which a person receives a Permanent Resident Card by applying at a U.S. Consulate outside of the United States. Much like adjusting status, persons who undergo consular processing must meet the following requirements:

  1. Must be eligible to receive an immigrant visa (please see Family-Based Immigration or Employment-Based Immigration, Permanent Residency through Marriage, etc.); and
  2. Immigrant visa must be immediately available to the applicant at the time his/her application is filed.

As evident, one requirement that is missing from consular processing is that person does not have to be inspected and admitted or paroled into the United States. However, please keep in mind that if you had previously been in the United States illegally or been deported, you may be ineligible for undergo consular processing or may be required to file a waiver. Waivers are often difficult to obtain.

The downside of having to consular process is that the processing time can vary from approximately 6 months to a year or longer. On the other hand, adjustment of status usually take approximately 3 to 6 months. Before taking any action, please consult with us for free at 405.600.9910 to see which option is the most suitable for you.