US IMMIGRATION: green card application

Application for adjustment of status. Also called green card application.

Adjustment of status, sometimes called green card application is Adjustment of status, sometimes called green card application is the process of changing your status to a permanent resident. It applies to persons who are already in the United States. One of the following categories must apply, in order to be eligible for adjustment to permanent resident status.

Green card application through a member of your family.

  1. If you are the spouse, the unmarried son or daughter over age 21, the married son or daughter, the parent, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.
  2. If you are the spouse, the unmarried son or daughter of any age of a green card holder and you have a family based visa petition approved in your behalf.

Employment based green card applications.

If you are an immigrant who has an approved visa petition filed in your behalf by an employer located in the United States, you may be eligible to adjust your status.

If you are a family or employment based green card applicant, you must have an immigrant visa number available to you from the State Department ,unless you are exempt from numerical limitations. Immediate relatives of US citizens are exempt from this requirement. Immediate relatives of the United States citizens are: a parent,a spouse, and unmarried suns and daughters under the age of 21.

For the unmarried son or daughter (over 21 years of age) of a US citizen, brother or sister of a US citizen, or the spouse or children of lawful permanent residents, visa numbers are limited by law each year. This means that even if the USCIS approves an immigrant visa petition for you, you may not get an immigrant visa number immediately. In some cases, several years could pass between the time the USCIS approves your immigrant visa petition and the State Department gives you an immigrant visa number

Other adjustment of status eligibility categories.

  1. You are an asylee or refugee who has been in the US for at least a year after being given asylum or refugee status and still qualify for asylum or refugee status.
  2. You received notice from the Department of State that you have won a visa in the green card lottery (Diversity Immigrant Visa)
  3. You are a Cuban citizen or native who has been in the US for at least a year after being inspected, admitted, or paroled into the United States. Your spouse and children who are residing with you in the United States may also be eligible for adjustment of status.
  4. You have been a continuous resident of the United States since before January 1, 1972.
  5. Your parent became a lawful permanent resident after you were born. You may be eligible to receive following-to-join benefits and file a green card application if you are the unmarried child under age 21 of the lawful permanent resident.
  6. Your spouse became a lawful permanent resident after you were married. You may be eligible to receive following-to-join benefits, and apply for a green card. In these cases, you may apply to adjust to permanent resident status at the same time that your spouse applies for following-to-join benefits for you.

Otherwise eligible immediate relatives.

If otherwise eligible to immigrate to the U.S., immediate relatives may adjust status ( have a green card application approved) even if they may have done any of the following:

  1. Worked without permission.
  2. Remained in the US past the period of lawful admission and filed for adjustment of status while in an unlawful status because of that.
  3. Failed otherwise to maintain lawful status and with the proper immigration documentation.
  4. Have been admitted as a visitor without a visa.

If a person came into the U.S. illegally, that person is barred from adjusting their status (cannot get a green card application approved) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being inspected and admitted or paroled into the United States.

Related topics:
Green card lottery FAQ
Immigration attorney links.

Immigration

Application for adjustment of status also called green card application.
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 This web site does not provide legal advice. The information contained herein is generalized and should not be used to replace legal advice for specific immigration cases.
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