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How Do I Become a Lawful Permanent Resident While in the United States?
Background
Where Can I Find the Law?
Who is Eligible?
How Do I Apply?
Will I Get a Work Permit?
Can I Travel Outside the United States?
How Can I Check the Status of My Application?
How Can I Appeal?
Can Anyone Help Me?
Frequently Asked Questions (FAQs)
Additional Information
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.)
For an excellent overview of immigration, please see the chapter and tables
on immigrants in the INS Statistical Yearbook. For more information on
immigrant status based on employment, please see How Do I Apply for Immigrant Status Based on Employment?. In addition, please see our index of
How Do I?'s/Frequently Asked Questions
that
will provide information on bringing relatives to live in the United States.
For more information on visa numbers, please see the How Do I Get an Immigrant Visa Number?.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration
in the United States. For the part of the law concerning permanent resident
status, please see INA § 245. The specific eligibility requirements
and procedures for adjusting to permanent residence status are included in the
Code of Federal Regulations [CFR] at 8
CFR § 245.
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. For more information, please see How
Do I Remove the Conditions on Permanent Resident Based on Marriage?.)
How Do I Apply?
To find out how you can apply to become a lawful permanent resident of the United
States, please click here to see Application
Procedures, which will help you identify what
you need to do. After you submit your application materials, you will be asked
to go to an INS office to answer questions about your applications.
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. Please see How Do I Get a Work Permit? for more information.
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. For more information, please see How
Do I Get a Travel Document?.
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.
Please click here for complete instructions on checking the status
of your application. Please click here for more
information on INS offices.
How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed are those based on a marriage which took place while the alien's application was in process. These appeals must be made to the Administrative Appeals Unit (AAU).
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. For more information, please see, How Do I Appeal A Denial of My Application or Petition?.
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. Please see our INS
field offices home page for more information on contacting INS offices.
Additional Information
How Do I Benefit From Section 245(i)?
The above information has been obtained from INS and was last modified on 10/21/2002
Copyright © 1999-2002 American Immigration LLC, ILW.COM
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