Green Card Lawyer
Permanent Residency through Green Card: Adjustment of Status & Consular Processing
The Department of Homeland Security does NOT take permanent residency filings lightly. These cases are highly scrutinized and subjected to extensive background and character investigations. Filing the wrong documents or insufficient documents when attempting to sponsor or adjust the status of a relative can have SEVERE consequences and may lead to delays, denials, findings of fraud and misrepresentations, and/or subject the applicant to removal proceedings. ONLY a licensed immigration attorney can represent you before the Department of Homeland Security.
A U.S. Citizen or Permanent Resident (LPR) may sponsor certain members of their family to come to the U.S. and receive a green card. An individual’s status as either an LPR or a U.S. Citizen will determine if the family member is eligible to be sponsored.
The following members of a family may be sponsored by a U.S. Citizen:
-An Unmarried Child Under 21;
-An Unmarried Son or Daughter over 21;
-A Married Son or Daughter of Any Age; or
-A Parent, if the Petitioner is 21 or Older.
The following members of a family may be sponsored by a U.S. Permanent Resident:
-A Spouse; or
-An Unmarried Son or Daughter of Any Age.
There are two methods through which an intending immigrant may receive a green card: adjustment of status and consular processing.
Adjustment of Status
Adjustment of Status is the process through which an intending immigrant in the U.S. adjusts his or her status to that of a permanent resident without having to leave the U.S. In order to qualify for adjustment of status, the applicant must have a visa number readily available. If the applicant has a visa number readily available, then he or she must file an application for adjustment of status along with the supporting documentation with the USCIS. Additionally, the adjustment applicant nay be able to apply for employment authorization and advance parole to travel while the application is pending.
*You should not travel outside of the U.S. on an advance parole document if you were out of status prior to applying for adjustment of status.
Consular processing is the process through which an intending immigrant outside of the U.S. receives a visa, and thereafter a green card, to come to the U.S. Similar to the adjustment of status procedure, the applicant must have a visa number that is readily available to him or her in order to go through consular processing.