Green Card

Adjustment of Status to Lawful Permanent Resident Status Green Card.

Adjustment of Status generally refers to the procedure for seeking Permanent Resident Status in the United States without having to leave the U.S. People popularly call this the Green Card Application.

Section 245 of the Immigration and Nationality Act governs eligibility requirement for Adjustment of status (Green Card) in the U.S. An alien can apply for adjustment of status to become a Lawful Permanent Resident while in the United States if they meet certain conditions. Such Alien must:

1. Firstly, be physically present in the United States.
2. You must have been inspected and admitted or paroled into the U.S.
3. Be eligible for an immigrant visa.
4. Have not violated the terms of his or her admission into the U.S.
5. Have not  engaged in Unlawful employment.
6. Have not violated the terms and conditions of his or her Immigration Status.
7. Be admissible for permanent residence, and not subject to the grounds of inadmissibility.
8. Have maintained lawful non immigrant status with some exceptions.

Admission Requirements

Admission means the lawful entry of the alien into the United States after inspection and authorization by an Immigration officer. If an Applicant was neither inspected and admitted, nor inspected and paroled, a person is ineligible to file for Adjustment of Status in the United States unless they are 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.

There are exceptions to some of the above requirements; Some applicant including immediate relatives of United States Citizens , applicants under section 245(i) and 245(k)of the Immigration and Nationality Act and applicants under the 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.

Visa Availability and Priority Dates

In order to seek adjustment of status, 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. The priority date marks when United States Citizenship and Immigration Services receives the family-based Immigrant Visa Petition or when the Department of Labor receives the Labor Certification 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.

Grounds of Inadmissibility

Grounds of Inadmissibility are violations that, as a result, 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 they may become eligible for Adjustment of status

The main grounds of inadmissibility fall into several categories, including health-related grounds, crimes, security, public charge, as well as past Immigration violations.

Ineligible Applicants for Adjustment of Status

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

• Aliens without Parole or admission.
• Alien in Transit.
• Aliens who engaged in Unlawful Employment. (There are limited exceptions to this rule).
• Aliens who re-entered the United States illegally after being removed (including “deported” or “excluded”) or who voluntarily departed under an order of removal (“self-deport”) face ineligibility. Aliens Ordered Removed in absentia after failing to appear for a removal proceeding.
• Aliens who have violated the terms and conditions of his or her admission into the United (This rule has limited exceptions).
• Exchange visitor on a (J-1) status subject to the two year foreign residency requirement who has not obtained a waiver .
• Aliens without current priority date Aliens already in conditional Resident Status.
• A fiancé(e) with a K-1 Visa can adjust status only through the U.S. citizen who filed the original petition. Otherwise, they are ineligible to adjust status through anyone else.
• A spouse with a K-3 Visa can adjust status only if married to the U.S. citizen petitioner who filed the original petition. They are ineligible to adjust status if married to someone else.
• Aliens admitted under S Visa Status can apply for Adjustment of Status only if a law enforcement agency requests it. Without this request, they are ineligible to apply.
• An alien seeking Adjustment of Status based on a marriage occurring on or after November 10, 1986, while in exclusion or deportation proceedings, is ineligible. The alien must prove with clear and convincing evidence that the marriage was bona fide and not intended for procuring immigration benefits.
• Other classes of ineligible aliens as provided in the Immigration and Nationality Act.

Petition Requirements for Adjustment of Status

Adjustment of Status in the U.S. requires an approved Immigrant Visa Petition filed on behalf of a beneficiary. Specifically, this can be done by a U.S. Citizen or Lawful Permanent Resident family member, by an employer, or alternatively, through the diversity visa lottery.

More Information:

• Conditional Green Card
• Green Card For Immigrants without papers
• Green Card For Status Violators
• Permanent Resident Status Outside The U.S
• Right & Responsibility Of Permanent Resident