ADJUSTMENT OF STATUS
Adjustment of status is the process of applying for lawful permanent residence, commonly known as a “Green Card,” within the United States. To be eligible for adjustment of status, a noncitizen must have been inspected, admitted, or paroled to the United States, and have an immigrant visa immediately available. The eligibility requirements for adjustment of status may vary depending on the immigrant category under which you are applying.
CONSULAR PROCESS
Consular processing is one way a noncitizen can obtain a lawful permanent residence. This process involves the interaction with several government agencies. Usually, individuals who enter the country without permission or are outside of the United States may have to proceed with this pathway to obtain their lawful permanent residence.
It is crucial that a person consults with an experienced immigration attorney to determine if they are eligible for consular processing. Before departing the country, an applicant must first determine if any inadmissible grounds apply and if there is an applicable waiver. It is essential to understand the process involved and be thoroughly prepared before attending their consular interview. Unlike adjustment of status, consular processing requires travel outside of the United States and an interview with a consular officer to obtain a green card.
NATURALIZATION
Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship.
Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth but before the age of 18.
REPLACE OR RENEW PERMANENT RESIDENCY CARD
Renewing your Permanent Resident Card (“Green Card”) is crucial if you were issued a card valid for 10 years that has either expired or is set to expire within the next 6 months. Failing to renew in a timely manner can lead to complications, including challenges with travel, employment, and accessing essential services. By promptly renewing your Green Card, you ensure continuous lawful residence in the United States and maintain your status as a permanent resident. Additionally, renewing your Green Card allows you to stay compliant with immigration laws and regulations, avoiding potential legal issues or penalties. Don’t wait until it’s too late—take proactive steps to renew your Permanent Resident Card and secure your status in the country.
RENEWAL OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”)
On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of 2 years, subject to renewal. They are also eligible to request work authorization. Deferred action is an exercise of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. At the moment U.S. Citizenship and Immigration Services (“USCIS”) is only accepting DACA renewal applications and is prohibited from granting initial DACA requests and related employment authorization.
HUMANITARIAN VISAS: U VISA AND VIOLENCE AGAINST WOMEN ACT (VAWA)
Immigrant victims of certain crimes who have been helpful in a criminal investigation or prosecution may qualify for a visa that can lead to a lawful permanent resident card (“green card”).
To be eligible for a U visa, the person must:
- Have been the victim of a qualifying crime or similar activity in the United States (or that violated U.S. laws);
- Have suffered substantial physical or mental abuse as a result;
- Have information about the crime and have been helpful, be helpful, or be likely to be helpful to law enforcement in the investigation or prosecution of the crime;
- Have a certification from a federal, state, or local law enforcement authority certifying their helpfulness; and
- Be admissible to the United States or be eligible for a waiver of inadmissibility.
VAWA allows an abused spouse or child of a U.S. Citizen or Lawful Permanent Resident or an abused parent of a U.S. Citizen to self-petition for lawful status in the United States, receive employment authorization, and access public benefits.
ADVANCE PAROLE
Advance parole is a travel document issued by the U.S. Citizenship and Immigration Services (USCIS), that allows certain noncitizens in the United States to depart and seek to reenter the country after temporary travel abroad. Applicants must obtain the advance parole document before departing the United States. If the applicant leaves the country before the advance parole is issued any pending application will be considered abandoned.
PAROLE IN PLACE
Parole in place allows noncitizens who came to the United States without authorization to stay for a certain period. Parole in place is granted on a case-by-case basis. Parole is considered a lawful immigration status for purposes of certain immigration benefits, such as a Green Card. You may be eligible for parole in place in one-year increments if you are the spouse, widow(er), parent, son, or daughter of:
- An active-duty member of the U.S. armed forces;
- An individual in the Selected Reserve of the Ready Reserve; or
- A military veteran (whether living or deceased, as long as he or she was not dishonorably discharged) who served in active duty or in the Selected Reserve of the Ready Reserve.
PETITION TO REMOVE CONDITIONS ON RESIDENCE
If you were granted conditional residence (2-year green card) based on your marriage to a U.S. citizen (USC) or lawful permanent resident (LPR), you must file an application to remove the conditions on the residence establishing that you entered your marriage in good faith and not for an immigration benefit. If you are filing this petition jointly with your spouse, you must file it during the 90-day period immediately before your conditional residence expires. You may file your application to remove conditions on your residence without your spouse if they are deceased, you are divorced, or you and/or your conditional resident child were battered or subjected to extreme cruelty. If this petition is not filed, you will automatically lose your permanent resident status two years from the date on which you were granted conditional status. You will then become removable from the United States.
EMPLOYMENT AUTHORIZATION REQUEST AND RENEWAL
Noncitizens must have an immigration status that specifically authorizes them to work in the United States; this is known as employment authorization. Individuals with current employment authorization are eligible to obtain a Social Security number (SSN). The following is a non-inclusive list of categories that allow for work authorization:
- Temporary Protected Status
- Deferred Action For Childhood Arrivals (“DACA”)
- Applicants for Asylum
- Applicants for Cancellation of Removal
- Refugees
- Pending Adjustment of Status
- Special Immigrant Juvenile Status (“SIJS”)
- People granted withholding of removal