Can a non citizen get a green card?

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Permanent residency in the U.S., symbolized by the Green Card, is attainable through a process of adjustment of status. This pathway is open to those already residing in the country legally on a nonimmigrant visa, provided a qualifying petition is filed on their behalf or by themselves. Securing a Green Card requires navigating this specific legal procedure.
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Obtaining a Green Card as a Non-Citizen

Permanent residency in the United States, signified by the Green Card, offers non-citizens a path to long-term residency and potential citizenship. The process, known as adjustment of status, allows individuals already legally present in the U.S. on a nonimmigrant visa to apply for permanent residency.

Eligibility Requirements

To be eligible for a Green Card through adjustment of status, non-citizens must meet specific requirements:

  • They must be physically present in the U.S.
  • They must have entered the U.S. legally on a nonimmigrant visa, such as a student visa or a work visa.
  • They must have maintained their nonimmigrant status throughout their stay.
  • They must have a qualifying petition filed on their behalf or by themselves.

Qualifying Petitions

Qualifying petitions can be filed by family members (immediate relatives or siblings), employers, or self-petitions (for individuals with extraordinary abilities or investors). The type of petition determines the specific eligibility requirements and supporting documentation needed.

Adjustment of Status Process

The adjustment of status process involves several steps:

  1. Filing the Petition: The petitioner submits a petition to U.S. Citizenship and Immigration Services (USCIS).
  2. Evidence of Eligibility: The petitioner must provide supporting documents to prove the applicant’s eligibility, such as proof of relationship, employment, or qualifications.
  3. Biometric Screening and Interview: The applicant undergoes biometric screening (fingerprinting and photograph) and may be interviewed by a USCIS officer.
  4. Decision: USCIS reviews the application and makes a decision on whether to grant or deny the Green Card.

Benefits of a Green Card

Obtaining a Green Card provides significant benefits, including:

  • Permanent residency in the U.S.
  • The ability to live and work in the U.S. indefinitely
  • Eligibility for eventual citizenship
  • Access to certain government benefits and protections

The adjustment of status process can be complex and time-consuming. It is essential to consult with an experienced immigration attorney for guidance and assistance throughout the application process. By meeting the eligibility requirements and navigating the process successfully, non-citizens can secure a Green Card and pave the way for a permanent future in the United States.