Applying for Lawful Permanent Resident Status (the “Green Card”) in the U.S. through a Family Visa Petition
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If you have a family member who can file an immigrant visa petition for you, one of your first questions will be whether you can file for your green card (known as “adjustment of status”) within the United States, or whether you will have to return to your country of birth to apply through the consulate (known as “consular processing”). Below are some of the most common ways that individuals are permitted to apply for adjustment of status in the United States:
1) You entered the United States lawfully. If you came to the United States lawfully, for example, on a tourist visa, you may be able to apply for your green card without leaving the United States. If you are an “immediate relative,” meaning the spouse, parent, or minor child of a U.S. citizen, you may be able to apply within the U.S., even if your lawful status has expired. However, if you are applying based on any other family relationship and your legal status has expired, you may be required to return to your country of origin for consular processing.
2) You are the spouse, parent, or minor child of a U.S. citizen member of the Armed Forces. If you are the spouse, parent, or minor child of a U.S. citizen who is, or previously was, a member of the Armed Forces, you may be able to apply for something called “parole in place.” If approved, this may allow you to apply for adjustment of status in the United States, even if you previously entered without papers. Read more about "parole in place" in our other blog post.
3) You qualify under “245(i).” Section 245(i) of the Immigration and Nationality Act allows some individuals who were the beneficiaries of immigrant visa petitions filed before April 30, 2001 to apply for adjustment of status in the United States, even if they previously entered without papers. If this prior petition was filed for you or your parents or grandparents you may be able to qualify under this law.
Please note that, even if you appear eligible for adjustment of status for one of these reasons, you may still be ineligible to apply based on your criminal history, your number of entries into the United States, or other factors. Therefore, you should consult with an immigration attorney prior to filing any application for adjustment of status.
LESLEY IRIZARRY-HOUGAN, IMMIGRATION LAWYER
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