How Foreign Nationals in the US Can Apply for a Green Card Without Leaving America

How Foreign Nationals in the US Can Apply for a Green Card Without Leaving America

Thousands of foreign nationals living in the United States are seeking to obtain lawful permanent residence through a process known as adjustment of status, which allows eligible applicants to apply for a Green Card without leaving the country.

This procedure is distinct from consular processing, used by applicants outside the United States, and represents one of two main routes to permanent residence. Adjustment of status applies to individuals already in the country on temporary visas, such as H-1B workers or F-1 students, while consular processing is handled by US embassies and consulates abroad. 

The distinction ensures that applications are managed under consistent standards while maintaining regulatory oversight. Eligibility is the first and most significant requirement. 

US immigration law recognises several categories for permanent residence, including family-based and employment-based sponsorships. Immediate relatives of US citizens face fewer restrictions, as visas in this category are not limited by annual quotas. 

Other applicants, such as those under family preference or employment-based categories, must often wait until a visa number becomes available. The Department of State’s monthly Visa Bulletin outlines when these applicants may proceed with their cases.

The process involves several formal steps. Most applicants must file both an immigrant petition and Form I-485, the official application for a Green Card. In most cases, a family member or employer acts as the sponsor, though certain applicants may be permitted to petition on their own. 

When a visa number is immediately available, both forms can be submitted together, which can shorten the overall timeline. After filing, applicants are required to attend a biometrics appointment, where fingerprints, photographs, and signatures are collected. 

US Citizenship and Immigration Services (USCIS) then reviews each case, which may include an in-person interview to confirm eligibility and verify information. Applicants are notified of the outcome in writing. If approved, they receive a Permanent Resident Card (Form I-551). If denied, the notice explains the reasons and outlines available options for appeal or reconsideration.

Beyond individual applications, the adjustment of status system reflects broader immigration policies that balance family unity, labour market needs, and administrative capacity. Immediate relatives benefit from unrestricted visa availability, while employment-based applicants face annual numerical limits.

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