How Do I Become a Lawful Permanent Resident While in the United States?
Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant. First, the INS must approve an immigrant petition for you, usually filed by an employer or relative. Second, the State Department must give you an immigrant visa number, even if you are already in the United States. Third, if you are already in the United States, you may apply to adjust to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use INS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States.
How Can I Check the Status of My Application?
Please contact the INS office that received your application. You should be prepared to provide the INS staff with specific information about your application.
How Can I Appeal?
The only applications for permanent residency (Form I-485) which can be appealed are those based on a marriage which took place while the alien's application was in process. These appeals must be made to the Administrative Appeals Unit (AAU).
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
Can Anyone Help Me?
If advice is needed, you may contact the INS District Office near your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit.
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