Law Office of Osas Iyamu

Phone: 1-352-237-2403
Fax: 1-352-433-0162

1028 E. Silver Springs Blvd.

Unit 100.
Ocala, Florida 34470

"It takes an Immigrant to understand the Immigration needs of another Immigrant"

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Adjustment of Status (Green Card).

Adjustment of Status generally refers to the procedure for seeking Legal Permanent Resident Status in the United States without having to leave the country. This is popularly called the green card Application.

Generally, Adjustment of Status requires an approved Immigrant Visa Petition filed on behalf of a beneficiary by a United State Citizen or Lawful Permanent Resident family member, an Employer, or through a diversity visa lottery. There also are requirements regarding manner of entry into the United States, visa availability, and admissibility issues.

Adjustment of Status (Green Card) Requirements under Section 245 of the Immigration & Nationality Act

An Applicant for Adjustment of Status (green card) must:

Be physically present in the United States in order to apply for Adjustment of Status (green card).
Have been Inspected and either Admitted to or Paroled into the United States.

Admission means the lawful entry of the Alien into the United States after inspection and authorization by an Immigration officer. Any type of admission, whether as a non Immigrant, or as a refugee can meet the inspected and admitted requirement, Likewise, any type of parole under section 212(d)(5) of the Immigration and Nationality Act, whether for urgent humanitarian reasons, for significant public benefit, or for a deferred inspection, meets the "paroled into the United States" requirement.

If an Applicant was neither inspected and admitted, nor inspected and paroled, he or she is ineligible to file for Adjustment of Status (green Card) in the United States unless he or she is eligible for adjustment of status under the provisions of section 245(i) of the Immigration and Nationality Act, or the Violence Against Women Act (VAWA) or under any other applicable section of the Immigration and Nationality Act.

Section 245(i) of the Immigration and Nationality Act provides an exception so that Adjustment of Status is available to illegal entrants and those in unlawful Status who have filed an Application for an Immigrant visa or labor certification on, or before April 30, 2001, regardless of whether the Petition was approved, denied, or still is pending. See Green Card for Illegal Immigrants

Maintaining Lawful Immigration Status for Adjustment of Status (Green Card) Purpose:

In addition to inspection and admission, or parole, an Applicant for Adjustment of Status (green Card) must maintain lawful Immigration Status while in the United States. This includes:

Not having engaged in unlawful and unauthorized employment or
Violated the terms and conditions of his or her Immigration Status.

There are exceptions to this requirement; Some applicant including immediate relatives of United States Citizens and Applicants under section 245(i) and 245(k)of the Immigration and Nationality Act, Applicants under Violence Against Women Act (VAWA) need not have maintained continuous Lawful Status in the United States in order to Adjust Status to that of a Lawful Permanent Resident:

Availability of Visa Numbers

In order to Adjust Status to that of a Lawful Permanent Resident there must be a visa number immediately available to the applicant. Thus, the beneficiary of an Immigrant visa Petition must have a current priority date in order to be eligible to file for Adjustment of Status (green Card)."

The priority date is the date on which the family based Immigrant visa Petition is filed with United States Citizenship and Immigration Services, or the date the Labor certification is filed with the Department of Labor (DOL) in employment based cases.

The priority date is important because it is the date on which the Alien gets in the waiting line for his or her visa number.

Applicants with an approved Immigrant Visa Petition may choose consular processing if outside the United States or adjust their Immigration Status to that of a Lawful Permanent Resident if in the United States.

Applicant must be Admissible and Not subject to any Grounds of Inadmissibility

Grounds of Inadmissibility are violations that will prevent an Applicant for Adjustment of Status from being admissible to the United States. An Applicant who is inadmissible but is eligible for a waiver of that inadmissibility may apply for such waiver before he or she may become eligible for Adjustment of status (Green card).

The grounds of inadmissibility are found in Section 212(a) of the Immigration and Nationality Act.

The main grounds of inadmissibility fall into health related grounds; crimes; security; public charge; and past Immigration violations.

Ineligible Alien

The following individuals are ineligible to file Adjustment of Status (Green Card)

Citizens of the U.S.
A Citizen cannot apply for Adjustment of Status. When a naturalized citizen is denaturalized, he or she reverts to the Status held prior to the naturalization, this process is not an Adjustment to Lawful Permanent Resident, it is a loss ofnaturalization.

Lawful Permanent Residents of the United States.
Before a Lawful Permanent Resident can apply for and be granted Adjustment of Status, he or she would first have to lose Lawful Permanent Resident Status, which can only occur through abandonment upon departure, through rescission or through an order of removal by an Immigration Judge.

Alien without Parole or admission
Any alien who was not admitted or paroled into the United States after an inspection by an Immigration officer is ineligible for Adjustment of Status. (Aliens who entered the United States without inspection are popularly known as EWI).

Alien in Transit
An Alien who entered the United States in transit without a visa is ineligible to file for Adjustment of status.

Alien who engaged in Unlawful Employment
An Alien who was employed without authorization prior to filing an application for Adjustment of Status is ineligible for Adjustment of Status. (There are limited exceptions to this rule).

Illegal re-entry
An Alien who has re-entered the United States illegally after having been removed (including “deported” and “excluded ), or after having departed voluntarily while under an order of removal (a “self�]deport”) is ineligible to file Adjustment of Status (Green Card) Application.

Aliens Ordered Removed
An Alien who is ordered removed in absentia after failing to appear for a removal proceeding is ineligible for Adjustment of Status (green card)

Status Violators
An Alien who have violated the terms and conditions of his or her admission into the United States is ineligible for Adjustment of Status. (There are limited exceptions to this rule).

Exchange visitor
An Alien on a (J-1) status subject to the two�]year foreign residency requirement who has not obtained a waiver is ineligible for Adjustment of Status (green card).

Aliens without current priority date
An Applicant without a current priority date is ineligible for Adjustment of status (green card).

Alien already in conditional Resident Status
A conditional Resident Alien is already a Lawful Permanent Resident of United States and hence ineligible unless there is a loss of such status

Fiancé (e) of a United State Citizen with a K-1 who seek to Adjust Status through someone other than the original fiancé (e) who filed the K-1 visa petition is ineligible for Adjustment of status (green card).

United States Citizen Spouse with a K�]3 Visa who seeks to Adjust Status based on a marriage to someone other than the United States citizen who filed the original K-3 visa Petition is ineligible for Adjustment of status (green card).

Alien admitted under the S Visa Status applying to Adjust Status unless through the request of a law enforcement agency is ineligible for Adjustment of Status (green Card).

Alien seeking to Adjust Status based on a Marriage that occurred on or after November 10, 1986 while the Alien was in exclusion or deportation proceedings is ineligible for Adjustment of status (green card) unless the Alien proves by clear and convincing evidence that the marriage was bona fide and not entered into for the purpose of procuring Immigration benefits.

Other classes of ineligible Alien as provided in the Immigration and Nationality Act.

Application for Adjustment of Status (Green Card)

An Application for Adjustment of Status (Green card) is filed with United States Citizenship and Immigration Services using Form I-485. The Application must be accompanied with the correct filing fee as required in the Immigration regulation or a fee waiver request.

Benefits and Responsibilities of Permanent Residence Status

The Rights of a Lawful Permanent Resident include:

The right to live permanently in the United States provided he or she respects and abide by the Laws of the United States. Certain Violations of the Law may subject a Lawful Permanent Resident to removal (deportation) from the United States.
The right to be employed in the United States performing any legal work. Exception: Some jobs are limited to U.S. citizens.
The right to be protected by the federal, state and local laws of the United States.

Responsibilities of a Lawful Permanent Resident:

A Lawful Permanent Resident is required to:

Obey all the laws of the United States, the States, and localities.
File income tax returns and report income to the U.S. Internal Revenue Service and State government tax authorities.
Support the democratic form of government of the United States.
Register with the Selective Service If a male, age 18 through 25.
Maintain Permanent Residence Status in the United States.

Permanent Resident Card

A Permanent Resident Card provides proof of permanent resident status in the United States. It also serves as a valid identification document and as proof of employment eligibility in the United States. A Permanent Resident Card, commonly known as a “Green Card”, is valid for a period of 10 years, unless a conditional permanent resident status was granted in which case the card is only valid for two years. See information on Conditional Permanent Resident Status

International Travel

A permanent resident of the United States can travel freely outside of the United States. A passport from the country of citizenship is normally all that is needed. To reenter the United States a permanent resident normally needs to present a green card (Permanent Resident Card, Form I�]551) for readmission. A reentry permit is needed to re-enter following trips longer than one year but less than two years in duration.

Petition for Family Members

A green card holder (permanent resident), may petition for certain family members to immigrate to the United States as permanent residents. Such family members are: