A lot of people in the world dream of living in the U.S. and becoming American citizens. However, getting U.S. citizenship status can be challenging. As an applicant, you may be wondering if applying for a green card and continuing to stay in the country with some family members is possible. A legal consultation with an immigration attorney can provide you with the right guidance and advice. Also, they can give you legal representation should you face issues with your stay or green card application. Your attorney can guide you through getting any kind of green card for your situation. They will help you realize your dream and understand how the USCIS works.
Can You Stay in the U.S. While Waiting for a Green Card?
Different factors impact your ability to get a green card or immigration visa. Your attorney helps you through this process whether you are seeking permanent residence based on your employment or you sponsored a loved one. To become obtain a green card, you must fall into any of the following categories:
- Related to an American citizen. If you are a spouse, parent, or unmarried child of a U.S. citizen, you can be eligible for an immigration visa. You need to be a close family member to be eligible.
- Asylum status application. A refugee can become a green card holder while living in the U.S. If granted, they can adjust their status without leaving the country.
- Adjustment of status. Aside from meeting green card requirements, you should also have a priority date, which represents your spot on the USCIS waiting list. After you determine your liability and priority date, proceed to the application for status adjustment. If your status can be adjusted, you can stay in the country while waiting for a green card.
What If there is No Available Priority Date?
In other situations, like applying through an employer or family member, you will be classified as a preference beneficiary. If there are enough visas available this year, you are only granted a visa. These visas have yearly limits, so the wait time is expected to be quite long.
If the green card application has been processed by your petitioner, you will get a priority date after the approval of the petition. Sadly, staying in the U.S. with an out-of-date priority date is illegal. You can only enter the U.S. if you have a current priority date.
