Immigrants who come to the United States often have the goal of obtaining a green card, which grants them legal permanent residency. The adjustment of status process allows a person to apply for permanent residency without having to leave the country. To be eligible for adjustment of status, immigrants must meet certain requirements, such as having a valid visa, being physically present in the United States, and having a qualifying immigrant petition. By understanding when adjustment of status may be available, immigrants can make sure they take the correct steps to become lawful permanent residents.

Eligibility for Adjustment of Status

A person can apply for adjustment of status if a visa is immediately available to them and they are eligible for a green card. There are multiple green card eligibility categories, including:

• Family members - Immediate family members of U.S. citizens may receive immediate relative visas, which are usually available with no waiting periods. Other family members of U.S. citizens and immediate relatives of green card holders may be eligible for family preference visas, but waiting periods will generally apply, and a limited number of visas are issued each year.

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Every year, thousands of immigrants come to the United States because they fear that they will suffer harm if they remain in another country. In these situations, immigrants may be able to request asylum by demonstrating that they have a credible fear that they or their family members will experience persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. While the process of seeking asylum can be daunting, it is important to know that there are two different types of asylum seekers in the United States: those who apply for asylum affirmatively, and those who apply for asylum defensively.

What Is Affirmative Asylum?

An individual may actively seek asylum by going through the proper channels at a port of entry or U.S. Citizenship and Immigration Services (USCIS) office. A person can apply for asylum within one year after entering the United States. Applying for affirmative asylum is generally considered the best option, as it gives applicants the chance to explain their situation to an asylum officer, and it provides more flexibility in terms of timing and eligibility requirements.

In order to be eligible for affirmative asylum, applicants must meet the following criteria:

When immigrants are detained by immigration officials, they and their loved ones may not only be concerned about the possibility of deportation, but they may be worried about their ability to be released, return to their daily lives, maintain employment, and take care of other responsibilities. In some cases, immigrants may be able to request that they be released, and they may be required to pay an immigration bond. In these situations, a bond hearing may be held, and an immigrant and their attorney will need to provide evidence and testimony showing that they are eligible to be released.

How Can a Person Show That They Are Eligible for an Immigration Bond?

When an immigration judge considers an individual case and determines whether an immigration bond should be granted, they will look at two primary factors: whether the person presents a danger to the community and whether they are a flight risk. When addressing the first issue, a judge will usually look at the person's criminal history and any indications that they may potentially harm others. During the hearing, the immigrant may need to answer questions about previous arrests or convictions, explain what happened in these situations, and show that they will not engage in criminal activity in the future. A person may provide evidence of rehabilitation, such as the completion of a prison sentence or diversionary program, as well as other steps they are taking to remain safe, such as receiving treatment for drug or alcohol abuse.

When addressing whether a person is a potential flight risk, a judge may look at several factors, such as:

The 14th Amendment to the U.S. Constitution guarantees citizenship to any child born inside the United States. This ensures that when parents are living inside the U.S., including those who are U.S. citizens, lawful permanent residents, or of any other status, their children will be able to realize the benefits of citizenship. However, there are many situations where U.S. citizens may be living outside the United States when their children are born. To ensure that their children can be recognized as U.S. citizens, parents or grandparents will need to take steps to apply for citizenship on behalf of their children. In these cases, it is important to understand the requirements that will need to be met and the information that must be submitted.

Requirements for U.S. Citizenship for Children

For a child to be recognized as a U.S. citizen, all of the following requirements must be met:

• The child must be under the age of 18.

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Immigrants to the United States have a number of options for receiving authorization to live in the country permanently. Most of the time, when a person receives a Green Card, it will be valid for 10 years, and it will be renewable. However, there are some situations where a conditional Green Card will be issued that will only be valid for two years. If you have received a conditional Green Card, it is important to be aware of the special requirements that apply to you in order to maintain your legal status in the United States.

When Are Conditional Green Cards Issued?

10-year Green Cards may be issued to those who are approved for certain types of family-based and employment-based visas. Conditional Green Cards may be appropriate in the following situations:

• Green Cards based on marriage - If a couple applies for a K visa that will allow a foreign fiancé(e) to come to the U.S. for the purpose of getting married, a spouse will receive a conditional Green Card. If a couple had been married for less than two years when applying for an Immediate Relative visa, a conditional Green Card will be issued to the foreign-born spouse. The child of a foreign fiancé(e) may be included in a K visa application, and they will also receive a conditional Green Card.

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