Eligibility
for US Green Card
US Green Card -
The following are methods of eligibility for obtaining
an adjustment of status to that of a legal permanent
resident (US Green Card Holder):
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Fiance(e):
You were a
fiancé who was admitted to the United States
on a K-1 visa and then married the U.S. citizen who
applied for the K-1 visa for you. (If you married
the U.S. citizen but not within the 90-day time limit,
your spouse also must now file USCIS Form I-130, Petition
for Alien Relative ). Your unmarried, minor children
are also eligible for adjustment of status; to get
green card.
NOTE:
If you did not marry the U.S. citizen who filed
the K-1 petition in your behalf, or if you married
another U.S. citizen or lawful permanent resident,
you are not eligible to adjust status, get green card,
in the United States.
Asylee:
You are an
asylee or refugee who has been in the United States
for at least a year after being given asylum or refugee
status and still qualify for asylum or refugee status;
you can get green card.
Diversity Visa:
You received
notice from the Department of State that you have
won a visa in the Diversity Visa Lottery; you can
get green card.
Cuban Citizen:
You are a
Cuban citizen or native who has been in the U.S. for
at least a year after being inspected, admitted, or
paroled into the United States; you can get green
card. Your spouse and children who are residing with
you in the United States may also be eligible for
adjustment of status; get green card.
U.S. Resident
Since Before 01/01/72:
You have been
a continuous resident of the United States since before
January 1, 1972. You can get green card.
Parent’s
LPR Status
Your parent
became a lawful permanent resident after you were
born. You may be eligible to receive following-to-join
benefits if you are the unmarried child under age
21 of the lawful permanent resident. In these cases,
you may apply to adjust to permanent resident status
(i.e. get green card) at the same time that your parent
applies for following-to-join benefits for you.
Spouse’s
LPR Status
Your spouse
became a lawful permanent resident after you were
married. You may be eligible to receive following-to-join
benefits. In these cases, you may apply to adjust
to permanent resident status (i.e. get green card)
at the same time that your spouse applies for following-to-join
benefits for you.
Otherwise Eligible
Immediate Relatives:
If "otherwise
eligible" to immigrate to the U.S., immediate relatives
may adjust status to LPR (get green card) in the United
States even if they may have done any of the following:
- worked without permission,
- remained in the U.S. past
the period of lawful admission (e.g., past the
expiration date on your I-94) and filed for adjustment
of status while in an unlawful status because
of that,
- failed otherwise to maintain
lawful status and with the proper immigration
documentation, or
- have been admitted as a visitor
without a visa under sections 212(l) or 217 of
the Act (which are the 15-day admission under
the Guam visa waiver program and the 90-day admission
under the Visa Waiver Program, respectively).
Please note: If a person came into the U.S. illegally,
that person is barred from adjusting their status
to LPR (cannot obtain a green card) even if he
or she marries a U.S. citizen or otherwise becomes
an immediate relative. An immediate relative must
meet the eligibility requirement of being “inspected
and admitted or paroled into the United States.”
Click
here to learn of methods you become ineligible
for a US Green Card. |
