What You Need To Know About Becoming A Lawful Permanent Resident While In The United States

By Author: Theodore Olsen
Total Articles: 4762
Comment this article

Whether your goal is to live in the U.S. and enjoy the economic, educational, legal and social benefits associated with permanent residency or whether you intend to become a U.S. citizen, there are many merits to becoming a permanent U.S. resident. The Immigration and Nationality Act governs all issues related to immigration and permanent residency. INA 245 specifically addresses most types of permanent resident status. The specific procedures for converting to permanent resident status are included in the Code of Federal Regulations CFR 245.

In the United States, an immigrant is a foreign national who has been granted the privilege of living and working in the country. For immigrants to convert to permanent resident status, they must proceed through the multi-step process with The U.S Citizenship and Immigration Services (USCIS).

The first step in this process is to apply for approval of an immigrant visa petition, which is usually filed by an employer or relative. In the U.S. there are a limited number of visa numbers available each year. As a result, successful applicants may not receive a visa number ...
... immediately. Sometimes, approval of the petition could be time-consuming. However, the process generally progresses in an organized and efficient manner.

This procedure also applies to persons who already reside in the U.S. Once immigrants receive a visa number, they may apply for permanent residency. Persons outside the United States should apply for a visa at a local U.S. consulate. Upon submission of petition application, candidates are requested to appear at a USCIS office to be interviewed.

The purpose of the USCIS is to encourage and oversee the lawful transition of immigrants to permanent residency and to citizenship if desired. In that capacity, the USCIS is guided by specific procedures and laws, which are in place in order to protect current residents and citizens. The process to convert to permanent resident status is equated to due-diligence and is based upon responsible oversight by the USCIS.

Generally, the following immigrants are eligible for legal, permanent resident status:

- A fiance admitted to U.S. with K-1 visa and who married a U.S. citizen.
- An asylee or refugee who has been in U.S. for at least one year and who has been given refugee status or asylum.
- Cuban refugees who have been in U.S. for one year since being inspected and admitted.
- Immigrants who have been continuous residents since 01-01-72.
- You are the child of a parent who became a legal, permanent resident after you were born.
- Your spouse became a legal, permanent resident after you married.

There are other situations where immigrants can be eligible for permanent resident status. Candidates are advised to confer with an immigration expert for more clarification.

There are several conditions that can cause candidates to become ineligible for permanent resident status:

- You entered the U.S. while in transit to another country and did not obtain a visa.
- You entered the U.S. as a nonimmigrant crewman.
- After being inspected by a U.S. immigration inspector, you were not admitted or paroled.
- You are employed in the U.S. without being USCIS authorized.
- You are a J-1 or J-2 exchange visitor.
- You were admitted to the U.S. as a visitor under the Visa Waiver Pilot Program.

There are other conditions that can disqualify candidates. These conditions should be discussed with an immigration consultant.

Applicants who are waiting for transition to permanent work status are eligible to apply for work permits. These persons should use USCIC form I-765. Once permanent resident status is achieved, it is not necessary to have a work permit.

While awaiting the USCIS decision, applicants for permanent residency status should apply for permission to leave the country. If you do not receive Advance Parole to leave the country, your application will be terminated immediately.

Converting to permanent resident status is not as cumbersome as it may appear. Candidates should meet with an immigration advocate and discuss their specific information to learn how best to proceed with this important and rewarding process.
About Author:
Power Visa is an online, full-service fiance visa attorney. Visit at http://www.powervisa.com/ for help with your immigration needs, student or work visas and green cards.