Permanent Residence, “Green Cards”

Permanent Residence, “Green Cards”

Do you have a close relative, such as a spouse, child, or parent, who is a United States (U.S.) citizen or legal resident?

You might qualify to become a lawful permanent resident (LPR), also known as a “Green Card,” to live and work in the U.S.

Through the family preference system, you can obtain permanent legal residence via a process known as “adjustment of status” (if you are inside the U.S.) or through “consular processing” (if you are outside the U.S.). The process begins when the U.S. citizen or resident files a Form I-130 (Petition for a relative)  with evidence of the family relationship.

Permanent Residence through Adjustment of Status

If you are in the U.S. and have an immediate family member who is a U.S. citizen or legal resident, you could qualify for an adjustment of status to become a lawful permanent resident. Adjustment of status is the process by which you can acquire your lawful permanent residence while present in the United States.

If you have been lawfully admitted into the U.S. and have lawful immigration status at the time of applying for the adjustment, this process may be suitable for you. However, some exceptions could apply, even if your immigration status has expired. For example, if you are a close relative of a U.S. citizen and initially entered the country with a visa, you may be eligible for an adjustment of status through a family petition.

Permanent Residence through Immigrant Visa or Consular Processing

If you are outside the U.S. and have an immediate family member who is a U.S. citizen or legal resident, consular processing is an option to obtain a Green Card. Through this process, you would obtain an “immigrant visa” at the American embassy in your country, which will allow you to travel to the U.S. to become a lawful permanent resident. For many undocumented immigrants with family ties in the U.S., consular processing may be the only way to fix their immigration status and obtain a Green Card.

“Parole-in-Place”: The “Keeping Families Together” Program 

 On August 19, 2024, the U.S. Citizenship and Immigration Service began accepting applications for its “Keeping Families Together” program. “Keeping Families Together” aims to facilitate the path to a green card for eligible noncitizens married to citizens of the United States and their children. However, by order of the U.S. District Court for the Eastern District of Texas, the plan has been placed on hold pending the outcome of a lawsuit that challenges its legality.  

Under “Keeping Families Together,” certain noncitizens who entered without permission may obtain “parole-in-place” or a temporary permit to remain in the United States. Once a noncitizen spouse of a U.S. citizen acquires parole, they become eligible for residence via adjustment of status instead of applying for an immigrant visa in the American consulate in their countries.  “Keeping Families Together” has strict eligibility requirements and applicants must demonstrate that the approval of their applications is necessary for urgent humanitarian reasons or will serve a significant public benefit.

Other Adjustments to Obtain Permanent Residence

There are also limited, but available, options to “resolve your immigration status” in the U.S. for those who have entered without authorization or a visa. There are options available if you have an immigration petition filed with U.S. Citizenship and Immigration Services (USCIS) before April 30, 2001 (also known as section 245(i)), or are eligible under the Violence Against Women Act (VAWA). Certain relatives of active military service members or veterans may also adjust their status.