Green Card
There are a number of basis on which a person may apply for a green
card (permanent residency). It can be a spousal relationship
with US citizen or permanent resident. US citizens can petition for
foreign-born spouses as immediate relatives. Lawful permanent residents
can petition for their spouses, however, unlike with US citizen spouses,
the petition falls into the second preference family category.
Also parents, unmarried child under age 21, the unmarried son
or daughter over age 21, the married son or daughter, or the
brother or sister of a US citizen may apply for adjustment of status
to permanent residency when a visa petition is approved on their behalf.
Unmarried son or daughter of any age of a lawful permanent resident
with an approved family-based visa petition may also apply.
Foreign nationals for whom an employer filed an immigrant petition
and got an approval may apply for adjustment of status to permanent
residency. One may apply for adjustment of status only when an immigrant
visa number is available from the State Department unless s/he is in
a category that is exempt from numerical limitations. Immediate relatives
of United States citizens are exempt from this requirement. Immediate
relatives of U.S. citizens are parents, spouses, and unmarried children
under 21.
For family members of lawful permanent residents, law limits visa numbers
every year. This means that even if the INS approves an immigrant visa
petition for you, you may not get an immigrant visa number immediately.
In some cases, several years could pass between the time INS approves
your immigrant visa petition and the State Department gives you an immigrant
visa number.
Asylees or refugees may apply for adjustment of status
if they have been in the United States for at least a year after being
given asylum or refugee status and still qualify for asylum or refugee
status.
Cuban citizens or natives who have been in the U.S.
for at least a year after being inspected, admitted, or paroled into
the United States may also apply for adjustment of status. Their spouses
and children who are residing in the U.S. may also be eligible for adjustment
of status.
Continuous residents of the U.S. since before January
1, 1972 may be eligible to apply for adjustment of status.
There may be other basis for adjustment of status.
