What Is a Permanent Resident?

A permanent resident is a non-citizen of the United States who is legally authorized to permanently live and work in the U.S. While a permanent resident is not a citizen, they do benefit from certain privileges under immigration law. These include:

• To live permanently in the United States provided no actions are committed that would be considered grounds for deportation

• To be legally employed

• To be protected by all state, local, and federal laws of the United States

A permanent resident holds a green card, and can sponsor a spouse who is a non-citizen to also become a permanent resident.

How to Apply for a Green Card for My Spouse

If you are a permanent resident of the United States and are married to a foreign national who would like to apply for a green card, the process and its timeline depend on the foreign national’s specific circumstances, and whether you and the foreign national are residing in the United States (and specifically where you are residing) or living abroad.

Two applications are necessary: the Petition for Alien Relative and the application for an immigrant visa or adjustment of status (the “green card” application). If you are both residing in the U.S., then the foreign national may be able to request the green card while remaining in the U.S., which is called adjustment of status. Sometimes the Petition for Alien Relative and the application for adjustment of status may be filed concurrently. If the foreign national is residing abroad, then the Petition for Alien Relative must be filed and approved first, before the green card application may be submitted. In this situation the green card application is called an application for an immigrant visa.

Who Can Use the Adjustment of Status Procedure?

In order to be eligible for adjustment of status as the spouse of a permanent resident, in general you must meet certain criteria. These may include:

• You must be “admissible” - not ineligible for a U.S. green card

• You must physically reside in the United States in lawful immigration status

• You must have legally entered the United States with permission and maintained your lawful status throughout your time in the U.S.

If you do not meet the criteria, some waivers and exceptions may be available. Contact an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA to check your eligibility and guide you through the process. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.