Lawful Permanent Residence

An approved employment-based or family-based petition allows an individual to apply for adjustment of status to permanent residence in the U.S., or to seek an immigrant visa through processing at a U.S. consulate abroad. Applicants must demonstrate they are admissible to the U.S. and that a visa number is available in their category.

Priority Dates

With the exception of immediate relatives of U.S. citizens, all other applicants for permanent residence must have a current priority date for the month they file the application and the month the application is finally approved. Your priority date is the date your immigrant petition was filed with USCIS or, if your petition is based on a labor certification, the date your PERM application was submitted to the Department of Labor. Current priority dates are listed in the Visa Bulletin each month, broken down by immigrant category and country.

Adjustment of Status

Foreign nationals currently in the United States as nonimmigrants (temporary) can obtain permanent residence through an Adjustment of Status application. In some cases, the adjustment of status application may even be filed at the same time as the immigrant petition, along with applications for travel documents and work authorization. Key issues being reviewed by immigration officers in Adjustment of Status applications include:

• whether the immigrant petition has been approved and the priority date is current
• whether the applicant entered the U.S. lawfully and has maintained status throughout their stay
• whether the applicant has committed any crimes or other acts that would disqualify them
• whether the applicant has sufficient financial support

Processing of the Adjustment of Status application requires extensive background checks and government processing; however, applications for travel documents and employment authorization are usually approved and issued within 3 months of filing.

Consular Processing

Beneficiaries of approved immigrant petitions may also apply for an immigrant visa through the U.S. Consulate in their country of residence. Consular processing is required if the applicant is not already in the United States or have a valid H or L nonimmigrant visa they can enter with. Processing times are generally comparable with Adjustment of Status, but can vary based on individual consular procedures. For a detailed comparison of the two processes, consider attending one of our seminars, or contact Mr. Mantle directly about your case.

Maintaining Permanent Resident Status

Permanent residence is not necessarily permanent, and failure to comply with residency and tax obligations may result in abandonment of the green card. Individuals who will be absent from the U.S. for more than one year should first apply for a Re-entry Permit before departing. Permanent residents may also apply to preserve their residency for naturalization purposes if they are employed abroad by the U.S. government, American research institute, a U.S. firm developing foreign trade, or certain public international organizations of which the U.S. is a member.