Can a Green Card Holder Be Deported?
Adjustment of Status (AOS) is the process by which a non-United States citizen applies to become a Permanent Resident. Permanent residency is the immigration status of a person authorized to live and work in the United States of America permanently. Such a person receives documentation demonstrating this status, which must be carried at all times by those 18 years of age and over. The United States Permanent Resident Card is the identification card documenting the permanent resident status of an alien in the United States. It is known informally as a “green card” (a common term for the Permanent Resident Card). If you are facing an immigration issue, contact a skilled Milwaukee adjustment of status lawyer from Sesini Law Group for a free consultation today.
Qualification for an Adjustment of Status
In order to qualify for permanent resident status, a non-United States citizen must reside within the United States and meet certain criteria. You may be eligible to apply for a Green Card through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions. In some cases, you may even be able to self-petition. Eligibility for a category does not automatically mean you are eligible to adjust status, as additional requirements must be met.
Eligibility categories are:
- Family-Based
- Job or employment-based
- Refugee or asylum
- Special programs
Who May Adjust Status and Who Must Process Abroad
The threshold question is usually how you entered the country. As a general rule, adjustment of status requires that you were inspected and admitted or paroled. Someone who entered without inspection typically cannot adjust and must consular process abroad instead, triggering the unlawful presence bars on departure.
There are exceptions. Immediate relatives of U.S. citizens are forgiven certain status violations, such as an overstay or unauthorized employment, that would disqualify other applicants. Individuals covered by Section 245(i) of the INA may also be able to adjust despite an unlawful entry if a qualifying petition was filed before the statutory cutoff date.
Because this determines whether you stay or leave, the analysis should come first.
Family-based
Immediate relatives of U.S. citizens do not have to wait for a visa, and there is no limit to the number of visas that can be issued, unlike with some other eligibility categories. Immediate relatives include:
- Parents of a U.S. citizen who is at least 21 years old
- Spouses of a U.S. citizen
- Unmarried children under the age of 21 of a U.S. citizen
Job or employment-based
People who would like to become immigrants based on employment or a job offer may apply for permanent residence through adjustment of status if they are in the United States and eligible, or through consular processing if they are outside of the United States. Entry in this category is limited.
Refugee or Asylum
If you were admitted to the United States as a refugee or as a qualifying spouse or child of a refugee, you are required to apply for permanent residence after one year of physical presence in the United States. Additionally, if you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence after one year of physical presence following the grant of your asylum status.
Petitioning for an Adjustment of Status
Petitioning for adjustment of status can take several months to more than a year and will require biometrics and may require an interview, unless waived by U.S. Citizenship and Immigration Services (USCIS). If the person petitioning is the spouse of a United States citizen, then the immigration officer conducting the interview will require proof of a valid marriage. While the Adjustment of Status Application is being processed, many people also file for employment authorization and “advance parole” allowing them to work and travel to and from the United States prior to completion. In most cases, leaving the United States without advance parole while the application is pending may result in the application being considered abandoned.
If you would like to submit a Petition for Adjustment of Status, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you would like to submit a petition for advice and assistance on the best way to do so to increase your opportunity for success. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition.
Contact an Adjustment of Status Lawyer in Milwaukee Today
Sesini Law Group provides quality legal support for all immigration issues. Our clients’ futures are paramount issues for our firm. The dedication and passion we put into every case are what set us apart from other law firms. The adjustment of one’s status is a significant legal issue. Our firm is ready to assess your case, guide you through your legal matter, and advocate on your behalf.
