Having a green card—officially known as a permanent resident card—allows a person who does not have U.S. citizenship to work and live permanently in the United States. A person with a green card is known as a lawful permanent resident (LPR).
Green Card Eligibility Categories
In order to apply for a green card, you must be eligible under one of the categories listed below. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you. The Immigration Nationality Act (INA) is located in the federal statutes at 8 U.S.C. §1101. And the applicable regulations are located in the Code of Federal Regulations, beginning at 8 C.F.R. §1.
Green Card Through Family
You may be eligible to apply for a green card as an immediate relative of a U.S. citizen if you are the:
• spouse of a U.S. citizen
• unmarried child under the age of 21 of a U.S. citizen
• parent of a U.S. citizen who is at least 21 years old
You may be eligible to apply for a green card as an other relative of a U.S. citizen, or relative of a lawful permanent resident under the family-based preference categories if you are the:
1. Family member of a U.S. citizen—meaning you are the:
• unmarried son or daughter of a U.S. citizen and you are 21 years old or older
• married son or daughter of a U.S. citizen
2. Family member of a lawful permanent resident—meaning you are the:
• spouse of a lawful permanent resident
• unmarried child under the age of 21 of a lawful permanent resident
• unmarried son or daughter of a lawful permanent resident under 21 years old or older
You may be eligible to apply for a green card as the fiance(e) of a U.S. citizen or the fiance(e)'s child if you are the:
• person admitted to the U.S. as a fiance(e) of a U.S. citizen (K-1 nonimmigrant)
• person admitted to the U.S. as the child of a fiance(e) of a U.S. citizen (K-2 nonimmigrant)
You may be eligible to apply for a green card as the widow(er) of a U.S. citizen if you are the:
• widow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died
You may be eligible to apply for a green card if you are a petitioner under the Violence Against Women Act (VAWA) and the victim of battery or extreme cruelty:
• abused spouse of a U.S. citizen or lawful permanent resident
• abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident
• abused parent of a U.S. citizen
If you are a U.S. citizen, you may be able to petition for certain family members to become a lawful permanent resident (get their green card). Becoming a lawful permanent resident is a two-part process:
• You must file a petition for your relative (Form I-130, Petition for Alien Relative); and
• Your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Green Card Through Employment
You may be eligible to apply for a green card as an immigrant worker if you:
1. Are a first preference immigrant worker, meaning you:
• have extraordinary ability in the sciences, arts, education, business, or athletics, or
• are an outstanding professor or researcher, or
• are a multinational manager or executive who meets certain criteria
2. Are a second preference immigrant worker, meaning you:
• are a member of a profession that requires an advanced degree, or
• have exceptional ability in the sciences, arts, or business, or
• are seeking a national interest waiver
3. Are a third preference immigrant worker, meaning you are:
• a skilled worker (meaning your job requires a minimum of 2 years training or work experience), or
• a professional (meaning your job requires at least a U.S. bachelor's degree or a foreign equivalent and you are a member of the profession), or
• an unskilled worker (meaning you will perform unskilled labor requiring less than 2 years training or experience)
Green Card Through A Physician National Interest Waiver
You may be eligible to apply for a green card under "Physician—National Interest Waiver" if you agree to work full-time in a clinical practice in a designated, underserved area for a set period of time, and also meet other eligibility requirements. Specifically:
• you must agree to work full-time in a clinical practice. For most physician NIW cases, the required period of service is 5 years
• you must work in a primary care (such as a general practitioner, family practice practitioner, general internist, pediatrician, obstetrician/gynecologist, or psychiatrist) or be a specialty physician
• you must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA—for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)
• you must obtain a statement from a federal agency or a state department of health that has knowledge of your qualifications as a physician and that states your work is in the public interest (This statement is known as an attestation)
Green Card As Immigrant Investor
U.S. immigration law allows certain aliens who are employment-based immigrants to become lawful permanent residents (get a green card). One employment-based (EB) “preference immigrant” category includes aliens who have invested or are actively in the process of investing $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time positions for qualifying employees. These aliens are also called “EB-5 immigrant investors” because they are in the employment-based fifth preference visa category.
If you are currently in the United States, in order to be eligible for a green card as an EB-5 immigrant investor, you must meet the following requirements:
• you properly filed Form I-485, Application to Register Permanent Residence or Adjust Status;
• you were inspected and admitted or inspected and paroled into the United States;
• you are physically present in the United States at the time you file your Form I-485;
• you are eligible to receive an immigrant visa based on an approved Form I-526, Immigrant Petition by Alien Entrepreneur;
• an immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application;
• none of the applicable bars to adjustment of status apply to you;
• you are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• you merit the favorable exercise of USCIS’ discretion.
Green Card For A Religious Worker (Minister Or Nonminister)
Congress amended the Immigration and Nationality Act (INA) in 1990 to create a special immigrant status for ministers and nonministers in religious vocations and occupations.
To be eligible in the religious worker category, you must:
• have been a member of a bona fide non-profit religious denomination for at least two years prior to filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• have been working continuously for the past two years immediately prior to filing the immigrant petition (1) as a religious minister in a religious vocation either professional or non-professional capacity, or (2) in a religious occupation either professional or nonprofessional capacity
• seek to enter the United States solely to carry out such religious occupation of the employer’s denomination.
Green Card Based On Special Immigrant Juvenile Classification
The Special Immigrant Juvenile (SIJ) classification provides certain children who have been subject to state juvenile court proceedings related to abuse, neglect, abandonment, or a similar basis under state law the ability to seek lawful permanent residence in the United States. USCIS determines if a juvenile meets the requirements for SIJ classification by adjudicating a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
Eligibility For Adjustment Of Status
In order to be eligible for a green card as an SIJ, you must meet the following requirements:
• you properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• you were inspected and admitted or inspected and paroled into the United States (see below);
• you are physically present in the United States at the time you file your Form I 485;
• you are eligible to receive an immigrant visa (see below);
• an immigrant visa is immediately available to you when you file your Form I-485 and at the time USCIS makes a final decision on your application;
• none of the applicable bars to adjustment of status apply to you;
• you are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• you merit the favorable exercise of USCIS’ discretion.
Inspected And Admitted Or Inspected And Paroled
If USCIS approved your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, you are classified as an SIJ. SIJs are deemed paroled for the purpose of applying for adjustment of status. USCIS will consider you paroled when adjudicating your Form I-485 regardless of how you arrived in the United States.
Eligibility to Receive An Immigrant Visa
In order to be eligible to receive an immigrant visa, you must:
• have an approved Form I-360 classifying you as an SIJ;
• have a pending Form I-360 (that is ultimately approved); or
• file a Form I-360 (and the Form I-360 is ultimately approved) together with your Form I-485.
Green Card Based On Status As An Afghanistan Or Iraq National
You may be eligible to apply for a green card based on your status as an Afghanistan or Iraq national if you:
• served as an Afghanistan or Iraqi translator for the U.S. government
• were employed by or for the U.S. government in Iraq on or after March 20, 2003, for at least one year
• were an Afghan employed by the International Security Assistance Force (ISAF)
Green Card For A Broadcaster
Individuals (and their spouses and children) who are coming to work in the United States as a broadcaster for United States Agency for Global Media (USAGM), or for a grantee of the USAGM, may apply for a green card (permanent residence). The term “broadcaster” may include a reporter, writer, translator, editor, producer, announcer, news broadcast host, news analysis, editorial and other broadcasting features, or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services or working in the entertainment field.
There is an annual limit of 100 visas in this category. Spouses and children are not counted towards this yearly limit.
For more information, see Section 101(a)(27)(M), 203(b)(4) of the Immigration Nationality Act (INA) and 8 CFR 204.13.
Eligibility Criteria
You may be eligible to obtain a green card as a broadcaster with the USAGM if you meet all of the following conditions:
· You have an approved Form I-360, Petition for Amerasian, Widow(er), and Special Immigrant, that was filed on your behalf by the USAGM or a USAGM grantee
· You are admissible to the United States
· An immigrant visa is immediately available to you
Application Process
If You Live Outside the United States
You must first file Form I-360. If your Form I-360 is approved, USCIS will forward the approved petition to the Department of State for consular processing of the special immigrant visa.
If You Live Inside the United States
You must file Form I-360. If your Form I-360 has been approved to obtain a green card through the broadcaster provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:
· Two passport-style photos
· Copy of government issued photo identification
· Copy of birth certificate
· Copy of passport page with nonimmigrant visa (if applicable)
· Copy of passport page with admission (entry) stamp (if applicable)
· Form I-94, Arrival/ Departure Record (if applicable)
· Form I-693, Report of Medical Examination and Vaccination Record
· Form I-360 approval letter (Form I-797 Notice of Action)
· Applicable fees
· Certified copies of court records (if you have ever been arrested)
Family of Individuals That Qualify as a Broadcaster
Your spouse and unmarried children under the age of 21, (known as “derivatives”) may be included on your immigration petition. If they are residing in the United States, they will each need to file a Form I-485. They are not counted towards the annual limit of 100 visas.
Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Green Card For International Organization Employees
There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a green card) as long as their organization remains recognized.
Examples of recognized international organizations include the North Atlantic Treaty Organization (NATO), and the International Telecommunications Satellite Organization (INTELSAT).
Eligibility
You may be eligible to receive a green card as an International Organization employee or qualified family member if you are:
1. A retired officer or employee of such an international organization (or his or her accompanying or follow to join spouse) and
• while maintaining your status as a nonimmigrant, you have resided and been physically present in the U.S. for a total of at least half (50%) of the last 7 years before you apply for adjustment of status or for a visa; and
• you have a combined period of physical residence in the U.S. of at least 15 years before your retirement; and
• you filed a petition for special immigrant status (Form I-360) no later than 6 months after your retirement.
2. A surviving spouse of a deceased officer or employee of such an international organization
• while maintaining your status as a nonimmigrant, you have resided and been physically present in the U.S. for a total of at least half (50%) of the last 7 years before you apply for adjustment of status or for a visa; and
• you have a combined period of physical residence in the U.S. of at least 15 years before the death of your spouse; and
• you filed a petition for special immigrant status (Form I-360) no later than 6 months after your spouse’s death.
3. An unmarried son or daughter of a current of former officer or employee of a designated international organization
• while maintaining your status as a nonimmigrant, you have resided and been physically present in the U.S. for a total of at least half (50%) of the last 7 years before you apply for adjustment of status or for a visa; and
• you have a combined period of physical residence in the U.S. of at least 7 years between the ages of 5 and 21; and
• you apply for either a visa or adjustment of status no later than your 25th birthday.
Green Card For Asylees
U.S. immigration law allows asylees to apply for lawful permanent resident (LPR) status after they have been physically present in the U.S. for at least one year since being granted asylum.
This section provides specific information for asylees in the United States who want to become LPRs (get a green card). This is called “adjustment of status.”
Eligibility For Adjustment Of Status
In order to be eligible for a green card as an asylee, you must meet the following requirements:
• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are physically present in the United States at the time you file your Form I-485;
• You have been physically present in the United States for at least one year after you were granted asylum;
• You continue to meet the definition of a refugee, or to be the spouse or child of a refugee;
• You have not firmly resettled in any foreign country;
• Your grant of asylum has not been terminated;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of discretion.
Bars To Adjustment
Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. The bars to adjustment do not apply to you if you are applying for a green card based on your asylee status.
Grounds Of Inadmissibility
To qualify for a green card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.
While in general, USCIS can only approve your green card application if none of the applicable grounds of inadmissibility apply to you, certain grounds of inadmissibility do not apply to asylum adjustments.
In addition, some grounds of inadmissibility may be waived for asylees applying for adjustment of status. See Form I-602, Application by Refugee for Waiver of Grounds of Excludability. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible.
Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary.
Green Card For Refugees
U.S. immigration law requires refugees to apply for lawful permanent resident (LPR) status after they have been physically present in the U.S. for at least one year.
This section provides specific information for refugees in the United States who want to become LPRs (get a green card). This is called “adjustment of status.”
Eligibility For Adjustment Of Status
In order to be eligible for a green card as a refugee, you must meet the following requirements:
• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act (INA);
• You are physically present in the United States at the time you file your Form I-485;
• You have been physically present in the United States for at least one year after your admission as a refugee at the time you file your Form I-485;
• Your refugee status has not been terminated;
• You have not already acquired permanent resident status; and
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
Bars To Adjustment
Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status. The bars to adjustment do not apply to you if you are applying for a Green Card based on your refugee status.
Grounds Of Inadmissibility
To qualify for a green card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility.
While in general, USCIS can only approve your green card application if none of the applicable grounds of inadmissibility apply to you. Certain grounds of inadmissibility do not apply to refugee adjustments.
In addition, some grounds of inadmissibility may be waived for refugees applying for adjustment of status. See Form I-602, Application by Refugee for Waiver of Grounds of Excludability. If a waiver or other form of relief is granted, USCIS may approve your application for a green card if you are otherwise eligible.
Eligibility requirements for waivers and other forms of relief vary.
How To Apply
If you are a refugee and you have been physically present in the United States for at least one year, you must file Form I-485, Application To Register Permanent Residence or Adjust Status, to apply for a green card.
What To Submit (Principal Applicant)
If you are the principal applicant, you should submit the following documentation and evidence to apply for a green card:
• Form I-485, Application to Register Permanent Residence or Adjust (but Refugees do not need to pay the Form I-485 filing fee or the biometric services fee);
• Proof of your admission as a refugee (such as a copy of Form I-94, Arrival/Departure Record that shows the date you were admitted as a refugee);
• Evidence of one-year physical presence in the U.S.;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate (if available);
• Copy of your passport page with nonimmigrant visa (if available);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if available);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);
Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cpb.gov/I94.
• Form I-693, Report of Medical Examination and Vaccination Record;
Note: All refugee-based adjustment applicants must submit the vaccination record portion of Form I-693. Only applicants with “Class A” medical conditions must repeat the medical examination and submit a complete Form I-693.
• Certified police and court records of criminal charges, arrests, or convictions (if applicable); and
• Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).
For more information on applying for adjustment of status, see the Instructions for Form I-485.
Family Members
If you are the spouse or unmarried child under 21 years of age of a refugee-based principal applicant and you were granted derivative refugee status based on your spouse or parent’s principal refugee admission, you may also apply for a green card.
Eligibility Criteria for Adjustment of Status as Derivative Applicants
In order to be eligible for a green card as a refugee-based derivative applicant, you must meet the following requirements:
• You properly filed your Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are currently the principal applicant’s spouse or child;
• You were admitted as an accompanying derivative of the principal refugee applicant or as a following-to-join beneficiary of an approved Form I-730, Refugee/Asylee Relative Petition;
• You are physically present in the United States at the time you file your Form I-485;
• You have been physically present in the United States for at least one year after admission as a refugee at the time you file your Form I-485;
• Your refugee status has not been terminated;
• You have not already acquired permanent resident status; and
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
Green Card For A Victim of Trafficking (T Nonimmigrant)
If you have T nonimmigrant status, you may be eligible to become a lawful permanent resident (obtain a green card) if you meet all the requirements.
T nonimmigrant status (also known as the T visa) provides immigration benefits to certain victims who assist law enforcement in the investigation or prosecution of human trafficking cases.
Eligibility Criteria
To be eligible for a green card as a principal T-1 nonimmigrant, you must meet the following conditions:
• You were lawfully admitted to the United States as a T-1 nonimmigrant;
• You continue to hold T-1 nonimmigrant status at the time of applying for a green card;
• You have maintained continuous physical presence in the United States for either (a) a continuous period of at least 3 years since the date when you were first lawfully admitted as a T-1 nonimmigrant, or (b) a continuous period during the trafficking investigation or prosecution that the U.S. Attorney General has determined is now complete, whichever period of time is shorter (a or b).
• You have shown good moral character since first being admitted as a T-1 nonimmigrant and during the entire time your Form I-485, Application to Register Permanent Residence or Adjust Status, is pending; and
• You meet one of the following:
• You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 nonimmigrant and until USCIS makes a decision on your Form I-485;
• You would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or
• You were under 18 years of age at the time of the trafficking.
In addition, before you can obtain a green card, you must be admissible to the United States as a lawful permanent resident. Otherwise you must have been granted a waiver by USCIS of any waivable grounds of inadmissibility that apply to you.
Continuous Physical Presence
In order to maintain continuous physical presence, you cannot be outside the United States for more than 90 days at a time or for any periods that add up to more than 180 days, unless you can demonstrate that:
• The absence was necessary to assist in the investigation or prosecution of the acts of trafficking; or
• An official involved in the investigation or prosecution of the acts of trafficking certifies that your absence was otherwise justified.
Unless your absence was excused for either of these reasons, you break your continuous physical presence if you are outside the United States for more than 90 days at a time or for any periods that add up to more than 180 days.
Green Card For A Victim Of A Crime (U Nonimmigrant)
U.S. immigration law allows aliens who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a green card). To qualify for a green card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements. U-1 nonimmigrant status is for victims of certain crimes who have suffered substantial physical or mental abuse and are helpful to the investigation or prosecution of the criminal activity.
Qualifying family members of U-1 nonimmigrants may receive U-2 (spouse), U-3 (child), U-4 (parent), or U-5 (sibling) nonimmigrant status.
This section provides specific information for aliens (and qualifying family members) in the United States who have U nonimmigrant status and want to apply to become lawful permanent residents based on their U nonimmigrant status. This is called “adjustment of status.”
Eligibility For Principal Applicant (U-1)
To be eligible for a green card based on U-1 nonimmigrant status, you must meet the following requirements:
• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were lawfully admitted in U-1 nonimmigrant status;
• You are in U-1 nonimmigrant status at the time you file your Form I-485;
• You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant. You must have at least three years of continuous presence at the time you file your Form I-485 and must continue to be physically present through the date that USCIS makes a decision on your adjustment application;
• You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 nonimmigrant through the date that USCIS makes a decision on your application;
• You are not inadmissible under INA section 212(a)(3)(E);
• Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
• You merit a favorable exercise of discretion (see Discretion below).
Ground Of Inadmissibility
If you are adjusting status based on U nonimmigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212(a)(3)(E) and you are ineligible for a green card. USCIS cannot waive this ground of inadmissibility or provide any other form of relief for this ground of inadmissibility.
If you have committed any act that would count as a ground of inadmissibility, USCIS will consider that information when adjudicating your application. Read the Discretion section immediately below for more information.
Discretion
Adjustment of status based on U nonimmigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS will take into account all factors, including those acts that would otherwise make you inadmissible.
Generally, favorable factors such as family ties, hardship, and length of residence in the United States may be sufficient for USCIS to use its discretion to approve your application. However, when adverse factors are present in your case, you may offset these by submitting supporting documentation of favorable factors you wish USCIS to consider.
Green Card For Cuban Native Or Citizen Or An Abused Spouse Or Child Under The Cuban Adjustment Act
A Cuban native or citizen may be eligible for a green card under the Cuban Adjustment Act of 1966 (CAA). The abused spouse or child of a Cuban native or citizen (victim of battery or extreme cruelty) may also be eligible for a green card under the CAA. The CAA allows Cuban natives or citizens living in the United States who meet certain eligibility requirements to apply to become lawful permanent residents (get a green card). This section provides specific information for Cuban natives and citizens in the United States who want to apply for a green card based on the CAA. This is called “adjustment of status.”
Eligibility For Adjustment Of Status
In order to be eligible for a green card under the CAA, you must meet the following requirements:
• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are a native or citizen of Cuba;
• You were inspected and admitted or paroled after Jan. 1, 1959;
• You have been physically present in the United States for at least one year at the time you file your Form I-485;
• You are physically present in the United States at the time you file your Form I-485;
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion.
Cuban Citizenship or Native Requirement
If you are a principal applicant, you must submit evidence of being a Cuban native or citizen.
Evidence of Being a Cuban Native (If Born in Cuba):
If you were born in Cuba, examples of evidence you can submit that demonstrate you are a Cuban native include, but are not limited to:
• An expired or unexpired Cuban passport (Pasaporte de la Republica de Cuba) that lists the holder’s place of birth as being Cuba; and
• A Cuban birth certificate issued by the appropriate civil registry in Cuba.
Evidence of Cuban Citizenship (If Born Outside of Cuba)
If you are a Cuban citizen born outside Cuba, examples of evidence you can submit to demonstrate Cuban citizenship include, but are not limited to:
• An unexpired Cuban passport (Pasaporte de la Republica de Cuba);
• Nationality Certificate (Certificado de Nacionalidad); and
• Citizenship Letter (Carta de Ciudadanía).
A Cuban consular certificate documenting an individual’s birth outside of Cuba to at least one Cuban parent is not sufficient evidence to establish Cuban citizenship. This is true even if the consular certificate states that the individual to whom the certificate was issued is a Cuban citizen.
A Cuban birth certificate acknowledging a birth outside of Cuba or Cuban consular birth record issued for a principal applicant who was not born in Cuba is not sufficient to prove Cuban citizenship.
Inspected and Admitted or Paroled After Jan. 1, 1959
To be eligible for a green card based on the CAA, you must be present in the United States after being inspected and admitted or paroled by an immigration officer after Jan. 1, 1959. Evidence of lawful admission or parole into the U.S. may include a passport and Form I-94. If DHS paroles you, and you have already been physically present in the United States for at least one year at the time DHS paroles you, then you may apply for adjustment of status immediately after being paroled. Your one-year period of physical presence does not need to follow the parole.
Bars To Adjustment
If you are or were a J-1 or J-2 nonimmigrant exchange visitor and are subject to the two-year foreign residence requirement, you may not apply to adjust status unless you have complied with the foreign residence requirement, have been granted a waiver, or have received a Department of State recommendation for a waiver of the foreign residence requirement. See the Instructions for Form I-612, Application for Waiver of the Foreign Residence Requirement, for more information.
Grounds Of Inadmissibility
To qualify for a green card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.
In general, USCIS can only approve your green card application if none of the relevant grounds of inadmissibility apply to you, or if you obtain a waiver of inadmissibility for any ground that applies to you. If you are applying for a green card based on the CAA, all of the grounds of inadmissibility apply to you except for:
• Public charge (INA 212(a)(4))
• Labor certification (INA 212(a)(5))
• Documentation requirements (INA 212(a)(7)(A))
If you are inadmissible, the law may allow you to apply for a waiver or other form of relief of certain grounds of inadmissibility that can overcome the ground of inadmissibility. You may apply for a waiver or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If your waiver or request for another form of relief is granted, USCIS may approve your application for a green card if you are otherwise eligible and you can demonstrate that you warrant a favorable exercise of discretion.
Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary.
Eligibility Criteria For Family Members
You are eligible to apply for a green card as a family member based on the CAA if you meet the following requirements:
• You are not a Cuban native or citizen but are currently the spouse or unmarried child under 21 of a native or citizen of Cuba who meets the requirements of the CAA;
Note: You may apply under the CAA regardless of how long your relationship has existed. Whether your relationship began before or after your Cuban spouse or parent adjusted to lawful permanent resident status does not matter.
• You properly file your Form I-485:
• Together with your Cuban spouse or parent’s Form I-485 (and your spouse or parent’s Form I-485 is ultimately approved);
• While your Cuban spouse or parent’s Form I-485 is still pending with USCIS (and your spouse’s or parent’s Form I-485 is ultimately approved); or
• After USCIS approves your Cuban spouse or parent’s Form I-485, as long as your spouse or parent is still a lawful permanent resident.
Note: You may apply based on CAA as long as your Cuban spouse or parent meets the requirements of the CAA. It does not matter if your Cuban spouse or parent uses a different green card eligibility category to adjust status to that of lawful permanent resident.
• You were inspected and admitted or inspected and paroled into the United States after January 1, 1959;
• You have been physically present in the United States for at least one year at the time you file your Form I-485;
• You reside with your Cuban spouse or parent who meets the requirements of the CAA;
• You are admissible to the United States for or eligible for a waiver of inadmissibility or other form of relief; and
• You merit the favorable exercise of USCIS’ discretion.
What To Submit (For Family Members)
If you are not a Cuban native or citizen but are currently the spouse or child of a Cuban native or citizen who meets the requirements of the CAA, you should submit the following evidence to apply for a green card based on the CAA:
• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of documentation showing your relationship to your Cuban spouse or parent, such as a marriage certificate, birth certificate, or adoption decree;
• Copy of documentation showing that your spouse or parent is a Cuban citizen or native;
• Copy of the Form I-797, Approval or Receipt Notice, for your Cuban spouse or parent’s Form I 485 or a copy of your Cuban spouse or parent’s green card (if not filing together with the principal applicant’s Form I-485);
• Evidence that you reside with your Cuban spouse or parent who meets the requirements of the CAA;
• Evidence you have been physically present in the U.S. for at least one year;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of your passport page with nonimmigrant visa (if applicable);
• Copy of your passport page with admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)
Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94.
• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later, such as by mail when we request it or in person at your interview, if any);
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable);
• Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement);
• If you currently hold A, G, or E nonimmigrant status, include Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities. Additionally, if you are a French national, you may also need to include Form I-508F; and
• Form I-566, Interagency Record of Request—A, G, or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only if you have A, G, or NATO nonimmigrant status).
Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver.
Green Card For A Haitian Refugee
Under the Haitian Refugee Immigration Fairness Act (HRIFA), enacted by Congress on Oct. 21, 1998, certain nationals of Haiti who had been residing in the United States could become permanent residents (get a green card). Principal applicants wishing to apply for permanent residence under HRIFA had until March 31, 2000 to file for adjustment of status.
Although the filing period has closed for principal applicants, dependents of the principal filer may continue to apply for a green card under the HRIFA provisions.
Eligibility Criteria
You may be eligible to get a green card through the HRIFA provisions if you:
• Are a national of Haiti
• Qualify as a dependent applicant under HRIFA (see below)
• Are admissible to the United States
• Have been continuously present in the United States since Dec. 31, 1995 (This requirement only applies to unmarried sons or daughters over the age of 21 of the principal applicant.)
• Are physically present in the United States when the application is filed
Eligibility As Spouse Of HRIFA Principal Applicant
You may qualify as a dependent applicant if you meet the eligibility criteria above and you are the spouse of a principal applicant. Your relationship to the principal applicant must have been created prior to the date on which the principal applicant becomes or became a permanent resident.
Eligibility As Child Of HRIFA Principal Applicant
You may qualify as a dependent applicant if you meet the eligibility criteria above and you are the child of a principal applicant. You must be unmarried and under the age of 21 in order to qualify as the principal applicant’s child. Your relationship to the principal applicant must have been created prior to the date on which the principal applicant becomes a permanent resident.
Please also be aware that you will become ineligible for permanent residence as the child of a principal applicant if your case is not decided before your 21st birthday. If you are approaching your 21st birthday, please file your Application for Adjustment of Status, Form I-485, as soon as possible and write “expedite” on your mailing envelope and application form.
Eligibility As Unmarried Son Or Daughter Of HRIFA Principal Applicant
You may qualify as a dependent applicant if you meet the eligibility criteria above and you are the unmarried son or daughter (over the age of 21) of a principal applicant. To apply as the unmarried son or daughter, you must have been physically present in the United States for a continuous period beginning not later than Dec. 1, 1995, and continuing until your adjustment application is approved. Your relationship to the principal applicant must have been created prior to the date on which the principal applicant becomes or became a permanent resident.
Eligibility As Abused Spouse Or Child Of HRIFA Applicant
You may be eligible for a green card if you are the abused spouse or child of a lawful permanent resident who received his or her green card based on HRIFA.
Application Process
To apply for a green card, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. You will need to use the HRIFA Supplement to Form I-485 Instructions, I-485 Supplement C, to help you complete the application.
Green Card For Liberians Under Liberian Refugee Immigration Fairness
This section provides specific information for Liberian nationals in the United States who want to apply for a green card (adjust status) based on the Liberian Refugee Immigration Fairness (LRIF) law.
Employment authorization for Liberians under Deferred Enforced Departure (DED) expired on March 30, 2020, but Liberians covered by DED may be eligible for permanent resident status (a green card) under recently enacted legislation known as Liberian Refugee Immigration Fairness (LRIF).
Liberians who satisfy the statutory requirements to apply for adjustment of status under the new law and apply for a green card are eligible to apply for employment authorization.
USCIS encourages individuals who wish to prevent a gap in employment documentation to submit their completed adjustment of status and employment authorization applications as early as possible.
Upon request, USCIS may expedite the processing of any Form I-765, Application for Employment Authorization, based on a pending application for adjustment of status under the LRIF for any Liberian with a DED-based employment authorization document (EAD) who files the Form I-765 on or before March 30, 2020, accompanied by a copy (front and back) of their DED-based EAD. You may request expedited processing. If the Form I-765 is not submitted concurrently with the Form I-485, evidence of the previous Form I-485 filing must be submitted with the Form I-765.
Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF), allows Liberian nationals and their spouses, unmarried children under 21 years old, or unmarried sons and daughters 21 years old or older living in the United States who meet the eligibility requirements to apply to become lawful permanent residents (receive green cards).
Eligibility for Adjustment of Status
In order to be eligible for a green card under the LRIF, you must meet the following requirements:
· You properly file Form I-485, Application to Register Permanent Residence or Adjust Status by Dec. 20, 2020;
· You are a national of Liberia;
· You have been continuously physically present in the United States during the period beginning on November 20, 2014, and ending on the date you properly file your Form I-485;
· You are otherwise eligible for an immigrant visa; and
· You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
You are not eligible for adjustment of status under the LRIF if you have:
· Been convicted of any aggravated felony;
· Been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or
· Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
Liberian National Requirement
If you are applying as a national of Liberia, you must submit evidence of being a Liberian national.
Continuous Physical Presence Beginning on November 20, 2014, through Filing of Form I-485
To be eligible for a green card based on the LRIF, you must have been continuously physically present in the United States during the period beginning on November 20, 2014, and ending on the date you properly file your Form I-485.
Aliens will be considered to have maintained continuous physical presence if their absences from the United States amount to not more than 180 days in the aggregate (total).
Grounds of Inadmissibility
To qualify for a green card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility.
In general, USCIS can only approve your green card application if none of the relevant grounds of inadmissibility apply to you, or if you obtain a waiver of inadmissibility for any ground that applies to you. If you are applying for a green card based on the LRIF, all of the grounds of inadmissibility apply to you except for:
· Public charge (INA 212(a)(4));
· Labor certification (INA 212(a)(5));
· Aliens present without admission or parole (INA 212(a)(6)(A)); and
· Documentation requirements (INA 212(a)(7)(A)
If you are inadmissible, the law may allow you to apply for a waiver or other form of relief that can overcome the ground of inadmissibility. You may apply for a waiver or other form of relief by using Form I-601, Application for Waiver of Grounds of Inadmissibility, and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If your waiver or request for another form of relief is granted, USCIS may approve your application for a green card if you are otherwise eligible.
Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you.
How to Apply
If you are currently in the United States, you have been continuously physically present since November 20, 2014, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card based on the LRIF. You may not apply for adjustment of status based on the LRIF after Dec. 20, 2020.
Note: On your Form I-485, in Part 2, you must choose “Other Eligibility” under Item Number 1.g. In the text box, write “LRIF” to indicate that you are applying to adjust status based on the Liberian Refugee Immigration Fairness provision.
Family Members
Eligibility Criteria for Family Members
You are eligible to apply for a green card as a family member based on the LRIF if you meet the following requirements:
· You are currently the spouse, unmarried child under 21, or unmarried son or daughter 21 years old or older of a Liberian national who meets the requirements of the LRIF;
· You properly file Form I-485, Application to Register Permanent Residence or Adjust Status no later than Dec. 20, 2020;
· You are otherwise eligible for an immigrant visa; and
· You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
The same bars to adjustment and inadmissibility grounds apply to family members as to Liberian nationals applying for adjustment based on the LRIF.
Employment Authorization and Advance Parole Documents
When you have a pending Form I-485 based on the LRIF, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
Note: If you are applying for adjustment of status based on the LRIF, enter (c)(9) as your eligibility category when completing Part 2, Item 27 of Form I-765.
If you need to leave the United States temporarily while your Form I-485 is pending, please see the Instructions for Form I-131, Application for Travel Document for more information.
Legal Reference
For more information, see the following:
Sec. 7611. Liberian Refugee Immigration Fairness, National Defense Authorization Act for Fiscal Year 2020.
Green Card Through the Diversity Immigrant Visa Program
The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States. The DV Program is administered by the U.S. Department of State (DOS).
Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa.
Diversity Visa Winners Legally Residing In the United States: Apply Through USCIS
There are, however, a small number of lottery winners each year who, at the time of “winning the lottery,” are residing in the United States in a nonimmigrant or other legal status. For these winners residing inside the United States, USCIS processes adjustment of status applications.
The following information applies to winners legally residing in the United States only:
Eligibility Criteria
For an applicant to adjust status under the DV Program, you must establish that you:
• Have been selected for a diversity visa by DOS’s lottery;
• Have an immigrant visa immediately available at the time of filing an adjustment application (Form I-485, Application to Register Permanent Residence or Adjust Status); and
• Are admissible to the United States.
Visa Availability
For visa availability, check the latest month's Department of State Visa Bulletin. Section B contains a chart showing the current month's visa availability in the Diversity Immigrant category. The chart shows when the Diversity Immigrant cut-off is met. When the cut-off is met, visas will be available in that month for the applicants with Diversity Immigrant lottery rank numbers below the specified cut-off numbers for their geographic areas.
Section C contains a chart showing the Diversity Immigrant category rank cut-offs for the following month, which represents the advance notification of Diversity Immigrant visa availability. As soon as a monthly Visa Bulletin is published, anyone with a lower rank number than the rank cut-off number shown in Section C is eligible to file for adjustment of status. This provides lottery winners the opportunity to file for adjustment of status up to six or seven weeks before a visa number can actually be allocated. This gives USCIS additional time to determine your eligibility for adjustment of status before the end of the fiscal year.
A Diversity Immigrant-based adjustment application cannot be adjudicated until a visa can be allocated, as indicated in the Visa Bulletin’s current Diversity Immigrant rank cut-offs for a particular month.
Application Process And Supporting Evidence
To obtain a green card, you must file Form I-485.
Supporting Evidence For Form I-485
Submit the following evidence with your Form I-485:
• Two passport-style photos
• Copy of birth certificate
• Form I-693 Report of Medical Examination and Vaccination Record
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) or parole stamp (if applicable)
• Form I-94, Arrival/Departure Record
• Certified copies of court records (if the individual has been arrested)
• Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
• Copy of the receipt from DOS for the diversity visa lottery processing fee
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable)
• Applicable fees
Other Considerations
The adjustment of status process for diversity visa winners must be completed by September 30 of the fiscal year the lottery pertains to. Visas cannot be carried over to the next fiscal year.
Fraud Warning
Fraudsters may send you emails claiming you’ve won the Diversity Visa (green card) lottery.
Never send money to anyone who sends you a letter or email claiming you have won—learn how to protect yourself from scams.
Green Card For A Lautenberg Parolee
A provision of the Lautenberg Amendment to the Foreign Operations Appropriations Act previously allowed certain religious minorities from the former Soviet Union, Estonia, Latvia, or Lithuania who were denied refugee status and subsequently paroled into the United States on a humanitarian basis to apply for lawful permanent resident status (green card) after acquiring one year of physical presence in the United States, without regard to visa availability.
This provision expired after Sept. 30, 2011 and USCIS announced in July 2011 that it had stopped authorizing parole for new applicants under the program to ensure that all individuals who were authorized parole under this program would be able to travel to the United States by the deadline. Though the Lautenberg program was later renewed by Congress, USCIS, as a matter of policy, has not re-started the parole program. Individuals who had been offered parole under this provision were required to arrive in the United States by Sept. 30, 2011, though this deadline to travel was later extended to September 30, 2012.
Eligibility Criteria
You may be eligible to apply for a green card (permanent residence) as a Lautenberg parolee if:
• You are or were a national of the former Soviet Union
• You were inspected and paroled into the United States as a Lautenberg parolee
• You have been physically present in the United States for at least 1 year
• You must be physically present in the United States at the time of filling
• You are admissible to the United States
Application Process
To apply for a green card, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence For Form I-485
The following evidence should be submitted with Form I-485:
• Two passport-style photos
• Copy of government issued photo identification
• Copy of birth certificate
• Copy of passport page with parole stamp
• Form I-693, Report of Medical Exam and Vaccination Record
• Copy of Form I-94, Entry/Exit Record
• Evidence of former or current Soviet nationality
• Evidence of denied refugee status (This may already be in your immigration file but you may submit copies of any document you have to establish your eligibility)
• Applicable fees
• Certified copies of court records (if you have ever been arrested)
Work And Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Green Card Through The Indochinese Parole Adjustment Act
On Nov. 1, 2000, Congress passed a law that allows certain individuals from Vietnam, Kampuchea (Cambodia), and Laos to adjust their status to permanent resident and get their Green Card (Public Law 106-429).
Eligibility Criteria
You may be eligible to get a green card (permanent residence) under the Indochinese Parole Adjustment Act if you meet all of the following conditions:
• You are a native or citizen of Vietnam, Kampuchea (Cambodia), or Laos
• You were inspected and paroled into the United States before Oct. 1, 1997
• You were paroled into the United States from Vietnam under the auspices of the Orderly Departure Program (ODP), a refugee camp in East Asia, or a displaced person camp administered by the United Nations High Commissioner for Refugees (UNHCR) in Thailand
• You were physically present in the United States prior to and on Oct. 1, 1997
• You are admissible to the United States
Application Process And Supporting Evidence For Form I-485
To obtain a green card under the Indochinese Parole Adjustment Act, you must file Form I-485, Application to Register Permanent Residence or Adjust Status.
The following evidence should be submitted with Form I-485:
• Two passport-style photos
• Copy of government issued photo identification
• Copy of birth certificate
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) or parole stamp (if applicable)
• Form I-94, Arrival/ Departure Record (if applicable)
• Form I-693, Report of Medical Examination and Vaccination Record
• Applicable fees
• Certified copies of court records (if you have ever been arrested)
• Evidence of Vietnamese, Kampuchean, or Laotian citizenship or nationality
• Evidence of physical presence in the United States prior to and on Oct. 1, 1997
Work And Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Green Card For An American Indian Born In Canada
American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.
If you live outside the United States and are seeking to enter the United States, you must tell the Customs and Border Protection officer that you are an American Indian born in Canada and provide documentation to support your claim. You must also state that you are seeking to enter to reside permanently in the United States.
If you live in the United States and are an American Indian who is born in Canada and who possesses at least 50% American Indian blood, you may obtain a Permanent Resident Card (green card) by requesting a creation of record.
Eligibility Criteria
You may be eligible to receive a green card (permanent residence) as an American Indian born in Canada if you:
• Have 50% or more of blood of the American Indian race
• Were born in Canada
You must have proof of this ancestry based on your familial blood relationship to parents, grandparents, and/or great-grand parents who are or were registered members of a recognized Canadian Indian Band or U.S. Indian tribe.
You cannot apply for permanent residence if your tribal membership comes through marriage or adoption.
You may be eligible to receive a green card (permanent residence) as an American Indian born in Canada if you:
• Have 50% or more of blood of the American Indian race
• Were born in Canada
You must have proof of this ancestry based on your familial blood relationship to parents, grandparents, and/or great-grand parents who are or were registered members of a recognized Canadian Indian Band or U.S. Indian tribe.
You cannot apply for permanent residence if your tribal membership comes through marriage or adoption.
Steps For Requesting A Creation Of Record
1. You must schedule an Infopass appointment and appear in person at your local USCIS office. You do not have to fill out an application form or pay a fee to request a creation of record.
2. Bring the following to your appointment:
• Two passport-style photos
• Copy of government issued photo identification
• Copy of your long form Canadian birth certificate (the long form Canadian birth certificate of parents is necessary to establish lineage to claimed tribal ancestors, as well as birth in Canada)
• Documentation to establish membership, past or present, in each Band or tribe for yourself and every lineal ancestor (parents and grandparents) through whom you have derived the required percentage of American Indian blood. This documentation must come from the official tribal government or from Indian and Northern Affairs Canada (INAC)
If you do not have documentation establishing your past or present membership in each Band or tribe for yourself and every lineal ancestor from the official tribal government, you may bring:
• Documentation from the Canadian or United States Government
• Original Letter of Ancestry issued by INAC
Please note:
1. All documentation submitted for consideration and submission into the record must be in the form of clear legible photocopies of the originals. Documentation or information in any language other than English must be accompanied by a full English translation.
2. Letters or identification cards issued by Metis associations or other third parties, by themselves, cannot definitively establish your American Indian blood percentage in reference to a specific Canadian Indian Band or U.S. Indian tribe.
Recognized Canadian Indian Bands And U.S. Indian Tribes
The Band is the fundamental legal unit of tribal organization for Canadian Indian tribes. Your documentation should clearly indicate which Canadian Indian Band(s) or U.S. Indian tribe(s) with which you or your lineal ancestor(s) are or were affiliated.
You can find a complete list of federally-recognized Canadian Indian bands by copying this URL into your web browser: https://open.canada.ca/en/suggested-datasets/indigenous-and-northern-affairs-canada-first-nation-profiles
You can find a complete list of recognized U.S. Indian tribes by copying this URL into your web browser: http://www.loc.gov/catdir/cpso/biaind.pdf
Relevant Statute And Regulations
INA § 289 (8 U.S.C. § 1359). Application to American Indians born in Canada.
Nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.
8 CFR § 289.1. Definition.
The term “American Indian born in Canada” as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is by adoption.
8 CFR § 289.2. Lawful admission for permanent residence.
Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928, (45 Stat.401), or section 289 of the Act, and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence.
Family Of American Indians Born In Canada
Your spouse and unmarried children under the age of 21 (known as “derivatives”) are not eligible to receive permanent residence based on your status. If they are American Indians born in Canada, with 50% Indian blood, they may become permanent residents on their own. If they are not American Indians born in Canada, you may file a Form I-130, Petition for Alien Relative, after you obtain proof that you are a permanent resident of the United States.
Green Card For A Person Born In The United States To A Foreign Diplomat
A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of United States law. Therefore, that person cannot be considered a U.S. citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.
To determine whether your parent is a foreign diplomatic officer, your parent’s accredited title must be listed in the State Department Diplomatic List, also known as the Blue List. This list includes:
· Ambassadors
· Ministers
· Charges d’affaires
· Counselors
· Secretaries and attaches of embassies and legations
· Members of the Delegation of the Commission of the European Communities
It also includes those with comparable diplomatic status and immunities assigned to the United Nations or to the Organization of American States and other persons who have comparable diplomatic status.
For more information, refer to Section 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act (INA) and 8 CFR 101.3, 101.4 and 264.2.
Eligibility Criteria
You may be eligible to receive a green card (permanent residence) through creation of record if you meet all of the following conditions:
• You were born in the United States to a foreign diplomat
• You have had residence in this country continuously since birth
• You have not abandoned your residence in the United States
Application Process
To obtain a green card, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Note: The provisions of permanent residency will not apply to you until you relinquish (give up) your rights, privileges, exemptions, or immunities which are available to you as the child of a foreign diplomatic officer. Your registration for this provision is entirely voluntary.
Supporting Evidence For Form I-485
You should submit the following evidence with your Form I-485:
• Two passport-style photos
• Copy of government issued photo id
• Copy of birth certificate
• Copy of passport page with nonimmigrant visa (if applicable)
• Copy of passport page with admission (entry) stamp (if applicable)
• Form I-94, Arrival/ Departure Record (if applicable)
• List of all your arrivals in and departures from the United States, if not evidenced above
• Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
• Form I-508F, (if a French national)
• Form I-566, InterAgency Record of Request for A, G, or NATO Dependent
• Official confirmation and evidence you were born to a foreign diplomatic officer on the Blue List (Your parent’s diplomatic classification and occupational title at the time of your birth must be included)
• Evidence establishing your continuous residence since birth
• Applicable fees
• Certified copies of court records (if you have ever been arrested)
Medical Examinations
You do not need to undergo a medical exam to be eligible for creation of record of your permanent resident status.
Work And Travel Authorization
You are not entitled to apply for employment authorization or travel documents (granting advance permission to leave the United States and be readmitted) based on your pending I-485 application. However, you may be eligible to work and travel based on your nonimmigrant status in the United States.
Green Card For A Person With INA Section 13 Diplomat Status
Section 13 of the Immigration and Nationality Act (INA) of Sept. 11, 1957 was created by Congress to allow individuals who entered the United States under diplomatic status to obtain a green card (permanent residence).
Eligibility Criteria
You may be eligible to receive a green card under Section 13 if you can establish that:
• You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant
• You failed to maintain your A-1, A-2, G-1, or G-2 nonimmigrant status
• Your duties were diplomatic or semi-diplomatic (not custodial, clerical, or of a menial nature)
• There are compelling reasons why you or your immediate family member are unable to return to the country which accredited you as a diplomat and that your adjustment of status would be in the national interest
• You are a person of good moral character
• You are admissible to the United States for permanent residence
• Your admission as a permanent resident would not be contrary to the national welfare, safety, or security of the United States
Application Process and Supporting Evidence for Form I-485
To apply for a green card (permanent residence) under Section 13 provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
The following evidence should be submitted with Form I-485:
• Two passport-style photos
• Copy of birth certificate
• Evidence that you were admitted as an A-1, A-2, G-1, or G-2 nonimmigrant
• Form I-566, Interagency Record of Request
• Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities
• Form I-693, Report of Medical Examination and Vaccination Record
• Applicable fees
• Any affidavits or other evidence that you wish to submit
• You will also be requested to submit a sworn statement at your interview
Work and Travel Authorization
When you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
Green Card Through Registry
Registry is a section of immigration law that enables certain individuals who have been present in the United States since Jan. 1, 1972, the ability to apply for a green card (permanent residence), even if they are currently in the United States unlawfully.
Eligibility Criteria
You may be eligible to receive a green card (permanent residence) under the registry provisions if you meet all of the following conditions:
· You entered the United States prior to Jan. 1, 1972
· You have resided in the United States continuously since you entered
· You are a person of good moral character
· You are not ineligible for naturalization (citizenship)
· You are not removable (deportable) under Section 237(a)(4)(B) the Immigration and Nationality Act (INA). You are not inadmissible under Section 212(a)(3)(E) of the INA or as a criminal, procurer, other immoral person, subversive, violator of the narcotics laws or alien smuggler
Application Process
To apply for a green card under the registry provisions, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:
· Two passport-style photos
· Copy of government issued photo identification
· Copy of birth certificate
· Copy of passport page with nonimmigrant visa (if applicable)
· Copy of passport page with admission (entry) stamp (if applicable)
· Form I-94, Arrival/ Departure Record (if applicable)
· Evidence that you entered the United States prior to Jan. 1, 1972
· Evidence to establish continuous residence since entry
Note: An individual applying under the registry provisions is not required to undergo a medical exam.
Work & Travel Authorization
When you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return).
In Texas, as in all states, a green card allows a non-U.S. citizen to live and work permanently in the United States as a lawful permanent resident (LPR). Eligibility for a green card can be based on various categories, such as family relationships, employment, special immigrant status, and other specific provisions. Family-based green cards allow U.S. citizens and LPRs to sponsor certain family members, while employment-based green cards are available to workers in specific job categories. Special immigrants include religious workers, broadcasters, and others with unique circumstances. Victims of abuse, human trafficking, and certain other vulnerable groups may also qualify for a green card. Refugees and asylees have a path to LPR status after meeting certain criteria. The Diversity Immigrant Visa Program is a lottery system that grants up to 50,000 visas annually to individuals from countries with historically low rates of immigration to the U.S. Additionally, special provisions apply to groups like Liberians under the Liberian Refugee Immigration Fairness law, and individuals who have resided continuously in the U.S. since January 1, 1972, may seek LPR status through the registry. It's important to note that while the regulations and processes for obtaining a green card are governed by federal law, specifically the Immigration and Nationality Act (INA), and administered by U.S. Citizenship and Immigration Services (USCIS), they apply uniformly across all states, including Texas.
