How Do I Become a Lawful Permanent Resident While In The United States?
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step application process to become an immigrant. In most cases, the U.S. Citizenship and Immigration Services (USCIS) must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply for adjustment of status to permanent residence (i.e., green card). If you are outside the United States, you will be notified to go to the local U.S. Embassy or U.S. Consulate to complete the processing for an immigrant visa.
Where Can I Find the Law?
The Immigration and Nationality Act (INA) is the law that governs immigration in the United States. For the part of the law concerning most types of permanent resident status, please see INA Section 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR Section 245.
Will I Get a Work Permit?
Applicants for adjustment of status to permanent residence are eligible to apply for a work permit while their cases are pending. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment of status to permanent residence, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS resulting in automatic denial, and you may not be permitted to return to the United States.
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The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
