There are two ways in which you can apply to become a permanent resident, also known as applying for a green card. The first is called adjustment of status, which means that you may submit your green card application, known as Form I-485 to the USCIS while you are physically present in the United States. With a few exceptions, an individual may submit an adjustment of status (AOS) application if he or she has maintained lawful immigration status and is physically present in the United States.
The AOS applicant is permitted to travel and work while his or her AOS application is pending. Applications for a travel document (advance parole) and for an employment authorization document (EAD) may be submitted at the same time as the I-485 application. If the AOS application is ultimately approved, the applicant will become a lawful permanent resident upon this decision and will be issued a green card.
The second option is applying for an immigrant visa at a consular post outside of the US. When the immigrant petition is approved, the approved petition is transferred to the National Visa Center, which will notify the applicant of the steps that need to be taken.
In most cases, the applicant will need to submit the immigrant visa application fees, complete and submit to the National Visa Center the required immigrant visa application forms. The National Visa Center preliminarily reviews and checks each application and forwards the visa application to the appropriate consular post. Applicant are required to gather a number of supporting documents to be presented to the consular officer at the designated interview appointment. If the immigrant visa is granted, the applicant will enter the United States as a lawful permanent resident, and the USCIS will issue a green card to the applicant.
Conditional Lawful Permanent Residence
The process for those seeking permanent residency based on marriage to a US Citizen or based on an investment in a new enterprise that will create at least 10 jobs, known as an EB5. These individuals are granted conditional lawful permanent residence. To become a permanent resident, these individuals will need to submit a request to lift the conditional status 90 days before the end of the second anniversary of obtaining their conditional lawful permanent resident status.
To discuss potential strategies for obtaining a green card, please contact us at 210-535-0151.
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