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Adjustment of status

Many people become permanent residents (get a “green card”) through family members. The United States promotes family unity. The government allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident.

There are two distinct paths to get your green card. Many family members who are already in the United States may qualify for “adjustment of status” to permanent residence in the United States. This means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States -- or those who are not eligible to adjust status in the United States -- may be eligible for consular processing through a U.S. embassy. Or they may go through the consulate abroad that has jurisdiction over their foreign place of residence.

“Adjustment of status” is a process that permits a person who is in the United States to obtain permanent residency (a “green card”) without having to travel abroad and be readmitted with an immigrant visa.  If a person is eligible for adjustment of status, they can also file for employment authorization along with the adjustment application. They may also be able to obtain permission to travel outside of the United States while the application is pending. In many instances, such travel is not recommended because of problems that may arise.

Some people are not eligible for adjustment of status and must obtain permanent residency outside the United States. Because applying for adjustment of status is very technical and a time-consuming process, it is extremely important to consult with a qualified immigration attorney before applying for this benefit. 

At Helmer, Paul, Conley, & Kasselman, PA, our immigration lawyers in New Jersey can advise you on the most effective way to obtain permanent residency.



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