Green Cards
Adjustment of Status
The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”
Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.
Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident.
OUR IMMIGRATION LAWYERS HAVE BEEN HELPING IMMIGRANTS WITH APPEALS SINCE 1997
Steps for Adjustment of Status
Determine Your Basis to Immigrate
The first step is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card through a petition filed on your behalf by a family member or employer.
File the Immigrant Petition
When you know what category best fits your situation, in most cases you will need to have an immigrant petition filed on your behalf via Form I-130, I-140, or I-526 depending on your situation.
Check Visa Availability
You may not file your Form I-485 until a visa is available in your category. If an immigrant visa is currently available to you, you may be able to apply for permanent residence status.
04
File Form I-485
Apply for permanent residence on Form I-485, Application to Register Permanent Residency or Adjust Status, at the appropriate time depending on your category.
05
Biometrics Appointment
You will be notified to appear at an Application Support Center for biometrics collection, including your photo, signature, and fingerprints for required security checks.
06
Attend Your Interview
You may be notified of a date, time, and location for an interview at a USCIS office. Bring originals of all documentation submitted with your application, including passports and Form I-94.
07
Receive Your Final Decision
After all paperwork, interviews, and security checks are complete, USCIS will notify you of its decision in writing. The granting of permanent residency is generally recorded as the date you became a permanent resident.
Green Cards Through Family Members
Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. Immediate relatives of a U.S. citizen (spouse, unmarried children under 21, parents) have special immigration priority with an unlimited number of visas available. Other family preference categories include unmarried sons or daughters over 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older.
Get a Green Card While Inside the United States
If you are currently in the United States, your U.S. citizen or permanent resident family member must file Form I-130 for you and have it approved. Once your priority date is current, you may file for Adjustment of Status with Form I-485. Our Tampa Green Card Attorneys can begin to help you today — call (813) 226-2144.
Get a Green Card While Outside the United States
If you are currently outside the United States, you can become a permanent resident through consular processing. USCIS works with the U.S. Department of State to issue a visa on an approved Form I-130 petition. If approved, you may travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry.
Things to Keep in Mind
Getting Married
If you are the unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, you will convert to the category of “Married Son or Daughter.” This change may result in a significant delay.
Turning 21 Years of Age
If you are an unmarried child of a permanent resident, turning 21 may delay the process. The Child Status Protection Act (CSPA) may in certain cases allow you to retain the classification of “child” even after reaching age 21.
Relative Becomes a U.S. Citizen
If the permanent resident relative who petitioned for you becomes a U.S. Citizen, your preference category may change and a visa may be available sooner because you would now qualify as a relative of a U.S. citizen.
¿Tiene alguna pregunta o necesita ayuda?
Talk to an experienced immigration lawyer in Tampa.