Gaining lawful permanent residency, or a Green Card, in the United States is a significant step for many individuals. If you are currently residing in the U.S. and are an immediate family member of a U.S. citizen, you may be eligible to adjust your status and obtain a Green Card without leaving the country. This process, known as “adjustment of status,” has specific eligibility requirements that must be met. This article outlines these requirements, focusing on Immediate Family Members and providing a clear understanding of the path to lawful permanent residence.
Key Eligibility Requirements for Immediate Relatives
To be eligible for a Green Card as an immediate family member, you must satisfy several essential criteria. These are designed to ensure that individuals adjusting status meet the legal and procedural requirements set forth by U.S. immigration law.
Lawful Entry: Inspected and Admitted or Paroled
Generally, a fundamental requirement for adjusting status is that you must have been “inspected and admitted” or “inspected and paroled” into the United States by a U.S. immigration officer. This means you entered the U.S. through a legal port of entry and underwent inspection by an immigration official, who then granted you formal admission or parole into the country. This lawful entry is a cornerstone of eligibility for most adjustment of status applicants. For a comprehensive understanding of this requirement, you can refer to the USCIS Policy Manual, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”.
Eligibility to Receive an Immigrant Visa as Immediate Family
As an immediate family member, your path to a Green Card is based on your relationship with a U.S. citizen. To be eligible, you must be the beneficiary of a petition filed by your U.S. citizen relative. This typically involves:
- Approved or Pending Form I-130: A U.S. citizen relative must file Form I-130, Petition for Alien Relative, on your behalf. Eligibility extends to those with an already approved Form I-130, a pending Form I-130 that is ultimately approved, or even a Form I-130 filed concurrently with your adjustment of status application (Form I-485).
Furthermore, you must meet the following conditions at the time you file your Form I-485, Application to Register Permanent Residence or Adjust Status, and when USCIS makes a final decision:
- Proper Filing of Form I-485: You must correctly file Form I-485.
- Physical Presence in the U.S.: You must be physically present in the United States when you submit your Form I-485.
- Immigrant Visa Eligibility: You must be eligible to receive an immigrant visa. As an immediate family member, you generally meet this criteria based on your familial relationship.
- Immigrant Visa Availability: Crucially, an immigrant visa must be immediately available to you. The good news for immediate family members is that visas are always available; there are no quotas or waiting lists for this category.
- Valid Relationship: The qualifying relationship with your U.S. citizen relative must still exist. For instance, if your petition is based on marriage to a U.S. citizen, the marriage must be valid and ongoing.
- No Bars to Adjustment: Certain circumstances can bar you from adjusting status. It’s essential to ensure that none of these bars apply to your situation.
- Admissibility to the U.S.: You must be admissible to the United States for lawful permanent residence. This means you must not have any grounds of inadmissibility that prevent you from obtaining a Green Card, or you must be eligible for a waiver of inadmissibility or another form of relief.
- Favorable Discretion: USCIS must determine that you merit a favorable exercise of their discretion. This is a general requirement in immigration law, allowing USCIS to consider all aspects of your case.
Potential Bars to Adjustment of Status
It is important to be aware that certain actions or circumstances might create bars to adjustment of status, potentially making you ineligible even if you are an immediate family member. These bars are outlined in section 245(c) of the Immigration and Nationality Act (INA). Common examples of bars can include unauthorized employment in the U.S. or certain criminal convictions. For detailed information on these potential bars, consult the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment.
Adjusting Status Under INA 245(i)
In some cases, even if you are subject to certain bars to adjustment under the standard rules, you might still be able to adjust status under a different provision, INA section 245(i). This section offers a potential pathway for individuals who might otherwise be ineligible. Supplement A to Form I-485 provides specific instructions and details regarding adjustment of status under Section 245(i).
Grounds of Inadmissibility and Waivers for Family Members
To successfully obtain a Green Card, you must be admissible to the United States. Grounds of inadmissibility, which could prevent you from getting a Green Card, are listed in INA 212(a). These grounds cover a wide range of issues, such as health-related concerns, criminal history, and immigration violations.
However, as an immediate relative of a U.S. citizen, you benefit from an important exception: the labor certification requirement (INA 212(a)(5)) does not apply to you. This simplifies the process significantly for immediate family members.
If you are found to be inadmissible for other reasons, the law may provide avenues for waivers of inadmissibility or other forms of relief. Form I-601, Application for Waiver of Grounds of Inadmissibility, and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, are relevant if you need to seek a waiver. The availability and requirements for waivers depend on the specific ground of inadmissibility and your immigration category. Detailed information about inadmissibility and waivers can be found in USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers.
How to Apply for Adjustment of Status as an Immediate Relative
If you meet all the eligibility requirements as an immediate family member currently in the United States, you can apply for a Green Card through the adjustment of status process by filing Form I-485.
A significant advantage for immediate relatives is concurrent filing. You can file Form I-485 simultaneously with Form I-130, while Form I-130 is pending, or after Form I-130 has been approved. This can streamline the overall process. For more information, refer to USCIS resources on Concurrent Filing and Form I-130, Petition for Alien Relative.
Remember, immigrant visas for immediate relatives are unlimited, ensuring visa availability at any time.
Required Documentation for Immediate Family Green Card Application
When applying for a Green Card as an immediate relative through adjustment of status, you must submit comprehensive documentation with your Form I-485. This includes:
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Copy of Form I-797, Approval or Receipt Notice for Form I-130 (unless filing concurrently)
- If filing concurrently, submit all I-130 evidence with Form I-485
- Two passport-style photographs
- Copy of government-issued identity document with photograph
- Copy of birth certificate
- Copy of passport page with nonimmigrant visa (if applicable)
- Copy of passport page with admission or parole stamp (if applicable)
- Copy of Form I-94, Arrival/Departure Record, or CBP admission/parole stamp
- Form I-864, Affidavit of Support Under Section 213A of the INA, or Form I-864EZ, Affidavit of Support Under Section 213A of the Act
- Form I-693, Report of Medical Examination and Vaccination Record
- Certified police and court records of criminal charges/arrests/convictions (if applicable)
- Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
- Form I-212, Application for Permission to Reapply for Admission (if applicable)
- Documentation of past/present J-1 or J-2 status and waiver of foreign residence requirement (if applicable) – see Form I-612
- Form I-508, Request for Waiver of Rights (if holding A, G, or E nonimmigrant status)
- Form I-566, Interagency Record of Request (if holding A, G, or NATO status)
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (if applicable)
Ensure you pay the correct filing fees for Form I-485 and any other applicable forms, unless you qualify for a fee waiver. Refer to USCIS Filing Fees and Fee Schedule for current fee information. For detailed guidance, consult the Instructions for Form I-485 and USCIS tips for filing forms.
Derivative Family Members: Spouses and Children of Immediate Relatives
It is crucial to note that if you are the spouse or child of an immediate relative of a U.S. citizen, you cannot derive Green Card eligibility from the immediate relative‘s application. You must independently qualify for a Green Card and file your own application. Each family member seeking a Green Card must meet their own eligibility requirements.
Employment Authorization and Advance Parole for Applicants
While your Form I-485 is pending, you can apply for employment authorization by filing Form I-765, Application for Employment Authorization. This allows you to legally work in the U.S. while awaiting your Green Card.
If you need to travel outside the U.S. temporarily while your application is pending, you can apply for advance parole by filing Form I-131, Application for Travel Document. Obtaining advance parole is essential; otherwise, leaving the U.S. without it may be considered abandonment of your pending Form I-485 application. When applying for advance parole concurrently with or while Form I-485 is pending, select item 5.A in Part 1 of Form I-131. Instructions for Form I-131 and USCIS pages on Employment Authorization and Travel Documents provide further details.
Legal Resources
For more in-depth information, refer to the following resources:
- USCIS Policy Manual Volume 7, Adjustment of Status
- INA Section 245
- INA Section 212
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Form I-130, Petition for Alien Relative
- Form I-485 Supplement A, Adjustment of Status Under Section 245(i)
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-212, Application for Permission to Reapply for Admission
- Form I-131, Application for Travel Document
- Form I-765, Application for Employment Authorization
- Form I-864, Affidavit of Support Under Section 213A of the INA
- Form I-864EZ, Affidavit of Support Under Section 213A of the Act
- Form I-693, Report of Medical Examination and Vaccination Record
- Form I-612, Application for Waiver of the Foreign Residence Requirement
- Form I-508, Request for Waiver of Rights
- Form I-566, Interagency Record of Request
