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How
Do I Become a Lawful Permanent Resident While in the United States?
Background
An
immigrant is a foreign national who has been granted the privilege
of living and working permanently in the United States. You must go
through a multi-step process to become an immigrant. First, the INS
must approve an immigrant petition for you, usually filed by an
employer or relative. Second, the State Department must give you an
immigrant visa number, even if you are already in the United States.
Third, if you are already in the United States, you may apply to adjust
to permanent resident status. (If you are outside the United
States, you will be notified to go to the local U.S. consulate to
complete the processing for an immigrant visa.)
Who
is Eligible?
To find out who may apply for permanent residence in the
United States, please see eligibility
information.
(Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two
years old on the day you
were given permanent residence)
What
are the Requirements to Apply?
If you would like to become a lawful permanent resident in
the United States, you must file the following items with the
Immigration and Naturalization Service:
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Form
I-485 Application to Register Permanent Residence or Adjust Status
ˇ
Please review Supplement
A to Form I-485 to see if additional fee requirements apply
to you.
ˇ
Form
G-325A Biographic Data Sheet (Between the ages of 14 and 79)
ˇ
Form
I-693 Medical Examination Sheet (not required if you are applying
based on continuous residence since before 1972, or if you have had
a medical exam based on a fiancé visa)
ˇ
Two color photos taken within 30 days (Please see INS
Form I-485 for more instructions on photos.)
ˇ
Form
I-864 Affidavit of Support (completed by the sponsor). (This
requirement may not apply to you if you are adjusting to permanent
resident status based on an employment petition.)
ˇ
Form
I-765 Authorization for Employment (if seeking employment while
case is processed).
ˇ
Evidence of inspection, admission or parole into the
United States (INS Form I-94, Arrival Departure Record).
In addition:
ˇ
If you have already been approved for an immigrant petition , you must submit a copy of the
approval notice sent to you by INS.
ˇ
If someone else is or has filed a petition for you that, if approved, will make an immigrant number
immediately available to you, you must submit a copy of the
completed petition that is being filed for you. Such applications
include only immediate relative, special immigrant juvenile or
special immigrant military petitions.
ˇ
If you were admitted into the United States as a fiancé
of a U.S. citizen and married that citizen within the required 90
days, you must submit a copy of the fiancé petition approval notice
and a copy of your marriage certificate.
ˇ
If you are an asylee
or refugee, you must submit a copy of the letter or INS Form
I-94 (Arrival-Departure Record) that shows the date you were granted
asylum or refuge in the United States. You also must submit INS Form
I-643 (Health and Human Services Statistical Data).
ˇ
If you are a Cuban
citizen or native,
you must use INS Form
I-485 (Application to Register Permanent Residence or Adjust Status)
and submit evidence of your citizenship or nationality.
ˇ
If you have been a continuous
resident of the United States since before January 1, 1972, you
must submit evidence showing that you entered the United States
prior to January 1, 1972 and that you have lived in the United
States continuously since your entry into the country.
ˇ
If your parent
became a lawful permanent resident after
you were born, you must submit evidence that your parent has
been or will be granted permanent residence. You must also submit a
copy of your birth certificate, and proof of your relationship with
your parent.
ˇ
If your spouse
became a lawful permanent resident after you were married, you
must submit evidence that your spouse has been granted permanent
residence. You must also submit a copy of your marriage certificate
and proof that any previous marriages entered into by you or your
spouse were legally terminated.
Will
I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible
to apply for a work permit while their cases are pending. You should
use INS Form
I-765 to apply for a work permit. You do not need to apply
for a work permit once you adjust to permanent resident status. As a
lawful permanent resident, you should receive a permanent resident
card that will prove that you have a right to live and work in the
United States permanently.
Can
I Travel Outside the United States?
If you are applying for adjustment to permanent resident
status, you must receive advance permission to return to the United
States if you are traveling outside the United States. This advance
permission is called Advance Parole.
If you do not apply for Advance Parole before
you leave the country, you will abandon your application with the
INS and you may not be permitted to return to the United States
How
Can I Check the Status of My Application?
Please contact the INS office that received your
application. You should be prepared to provide the INS staff with
specific information about your application.
How
Can I Appeal?
If your application to adjust to permanent residence status is
denied, you will receive a letter that will tell you why the
application was denied. The process to remove you from the country
will begin as soon as your application is denied. You will be
allowed to have an immigration judge review the denial of your
application during removal proceedings. During this review, INS must
prove that the facts on your application were untruthful and that
your application was properly denied. If the immigration judge
decides to remove you from the country, you may appeal this
decision.
Generally, you may appeal within 33 days after the immigration judge
decides to remove you from the country. After your appeal form and a
required fee are processed, the appeal will be referred to the Board
of Immigration Appeals in Washington, D.C.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How do I bring my brother/sister to the United States?
How Do I Bring My Children to Live in the United States?
How do I bring my Fiancé(e) to the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Get a Work Permit?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization
Service
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