GREEN CARD

IMMIGRANT VISA VS ADJUSTMENT OF STATUS

The process of obtaining Permanent Residency depends on a category and whether an individual is outside of the U.S. or in the U.S.

If an applicant is physically present in the United States, he or she can apply for adjustment of status with USCIS to obtain permanent residency. Immediate relatives can file Immigrant Petition and Adjustment of Status Application simultaneously.

If an applicant is outside of the U.S. then he or she should apply for “consular processing” at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

IMMIGRANT VISA AVAILABILITY

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:

• The spouses of U.S. citizens;
• The children (unmarried and under 21 years of age) of U.S. citizens;
• The parents of U.S. citizens at least 21 years old; and
• Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.

Immigrant visas for the family-sponsored and employment-based immigrant preference categories are numerically limited, so they are not always immediately available.

To distribute the visas among all preference categories, DOS allocates the visas according to a prospective immigrant’s preference category, country of chargeability, and priority date. DOS uses the priority date to determine an immigrant’s place in the visa queue. When the priority date becomes available, or is “current,” immigrants may be able to apply for adjustment of status (or apply for an immigrant visa with DOS if they are outside the U.S.) and obtain lawful permanent resident status, if otherwise eligible.

The monthly DOS Visa Bulletin summarizes the availability of immigrant visas. Visa Bulletin is a guide to see how long a certain relative or employee should await for visa to become available.

GROUNDS OF INADMISSIBILITY 

Every applicant applying for adjustment of status or an immigrant visa  must prove that he or she is admissible to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. The INA  §212(a) identifies a long list of grounds of inadmissibility. If the  issue the foreign national faces is not found in INA §212, then it’s not a ground of inadmissibility. Before the issue of admissibility or inadmissibility can be addressed, the applicant must demonstrate that he or she is eligible for visa classification. However, in many situations some waiver is available to the applicant.  The grounds of inadmissibility are determined by the particular category under which an individual is  immigrating.  If an immigrant is inadmissible for any reason listed in INA212(a) she should see if waivers are available. Immediate relatives are not exempted from grounds of inadmissibility under INA 212(a).