Individuals can obtain their Lawful Permanent Residence through a Family based petitions or Employment based petitions in one two ways: Adjustment of Status or
Adjustment of Status:
Adjustment of Status is the process used by foreign nationals who are currently physically present in the United States and which allows them to obtain their Green Card while they remain in the United States. In order for an applicant to qualify for Adjustment of Status they must:
- One been inspected and admitted or paroled in the United States, with a few limited exceptions;
- Be lawfully in the United States, unless you are classified as an immediate relative, battered spouse or child, and special immigrants who fall under INA § 101 (a)(27)(H);
- Have an immediately available visa number available at the time of filing;
- Be eligible to adjust and are not inadmissible.
Keep in mind that numerous different bars to adjustment of status exist including:
- Visa Waiver/Conditional Residents
- Unauthorized Employment
- Failure to Continuously Maintain Lawful Status
- Transit Without Visa
- Foreign National Crewman
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