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By Jarbath Pena Law Group
If you’re on the path to becoming a lawful permanent resident, filing with the United States Citizenship and Immigration Service (USCIS) is a crucial step in the process. In most cases, you can apply for a green card if you are already in the country. However, the process can be complex, and understanding the requirements, visa categories, and timing is essential to ensuring a successful application. Today, the lawyers of the Jarbath Peña Law Group will provide an overview of this process to help you navigate the complex U.S. immigration system.
Am I Eligible to Become a Permanent Resident?
Filing an application to Register Permanent Residence or Adjust Status, is your ticket to adjusting your status from a nonimmigrant (such as temporary visa holder, expired status, or no lawful status) to a lawful permanent resident (green card holder) while staying in the United States. However, before you can file it, you must meet specific eligibility requirements. These include:
Eligible Immigrant Category: You must be in an eligible immigrant category. In other words, you must be seeking a family-based visa, an employment-based visa, a visa as an asylum seeker, or another qualifying category.
Admissibility: You must be admissible to the U.S. If you have certain medical conditions, criminal history, or prior immigration violations, you may need a waiver of this requirement to qualify.
Visa Availability: An immigrant visa must be immediately available to you when you file. This is where your visa category can play a significant role.
Meeting these requirements is the first step in the adjustment of status process. Your lawyer will help you determine if you meet the requirements and when you can file.
What Is an Immigrant Visa?
An immigrant visa is one that allows foreign nationals to live and work in the United States on a permanent basis. It is not a temporary visa, so the qualifications are more strict, and the hurdles are a bit higher than those for temporary visas. Trying to get an immigrant visa is often referred to as attempting to get your green card.
Visa Categories
Visa categories are divided into two main groups: family-based and employment-based visas. Each category has specific subcategories, and the number of visas available in each category is limited by U.S. law. Here’s how the category of your visa affects its availability:
Family-Based Visas: These visas are for immediate relatives of U.S. citizens and other family members. Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) have no annual limit on the number of visas available. However, other family-based categories, such as siblings of U.S. citizens, are subject to annual caps and can have long waiting times.
Employment-Based Visas: These visas are for workers in specific categories, such as professionals with advanced degrees, skilled workers, and investors. Each employment-based category also has annual limits, leading to wait times that can vary significantly depending on the category and your country of origin.
Diversity Visa Lottery: This program provides a limited number of visas each year to applicants from countries with low immigration rates to the U.S. Winners of the lottery are selected randomly, but they must still meet eligibility requirements and file when a visa becomes available.
There are also humanitarian visas that the USCIS might issue to asylum seekers and other immigrants coming to our country for similar reasons. The U.S. issues approximately 140,000 employment-based visas and about 226,000 family-based visas each year. The availability of visas within these categories can affect how long you must wait before you can file.
How Do I Know When an Immigrant Visa Will Be Available to Me?
The U.S. Department of State publishes a monthly bulletin that shows the availability of immigrant visas based on the applicant’s category and country of origin. The bulletin includes two charts that your attorney will use to determine when you can file. Your legal representative has experience reading and interpreting the information on the Department of State’s website and can let you know when it is time to begin the process.
What Do I Need to Do Before Adjusting my Status?
Before filing, there are several steps you need to take, depending on your visa category. For example, a family-based applicant has specific forms they need to have approved first, and they must be sure they have the proper relationship with the petitioner to qualify. Employment-based applicants also have prerequisite employment-related forms that must be filed and requirements they must meet. The same is true for every status category.
Your lawyer will know which prerequisite forms you might need to file and what requirements you must meet. We can let you know when your prerequisite forms are approved by USCIS and when we can file for adjustment of status. In some instances, you can apply simultaneously, and save both time and money. However, if these forms are filed incorrectly, or prematurely, it can lead to lost time and money. Also, regardless of your visa category, we’ll let you know when you need to undergo a medical examination by a USCIS-approved physician, and we’ll submit the results along with your application. If you have any criminal history, we can help you apply for waivers.
We Can Help!
Applying for permanent residency is a significant step toward making the U.S. your permanent home. However, navigating the process requires careful attention to detail and an understanding of the requirements specific to your visa category. Don’t leave anything to chance—consult with an immigration attorney from the Jarbath Peña Law Group to ensure your application is complete, accurate, and filed at the correct time.
If you’re ready to begin your journey toward permanent residency, take action today by calling or contacting us online today. It would be our honor to help you move one step closer to getting your green card and starting to live your American dream!
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