by Kazmi Sakata
Published Sun, Jan 1st 2017, 12:57 | Law
Every year, millions of immigrants come to the United States to become residents. Adjustment status for permanent residency in the United States can be claimed depending on the type of visa for which you have applied. You can’t become a permanent resident with any non-immigrant visas, as it must be done with an immigrant visa. In most instances, you can become a permanent resident of the US as a result of a family member, a sponsorship from an employer or by having the status of a refugee.
If you are a holder of a K1 or K2 visa, you can use it towards the adjustment of your permanent residency status. A K1 visa is also known as a fiancée visa, and you are eligible for an adjustment of your permanent residency after you get married. A K2 visa is meant for an unmarried child of a fiancée, who is also eligible for permanent residency adjustment. Having either of these types of visas requires that you are a conditional resident for the first two years of your marriage.
For holders of K3 or K4 visas, there is eligibility to file Form I-485, which allows you to adjust your residency status at any time after you come into the United States. However, it is worth mentioning that with either of these visas, you will only have a conditional residence if you have been married for no less than two years. A K4 visa allows you to adjust your permanent residency once you have entered the country or when a US citizen files a petition on your behalf.
A person with a CR1 visa already has conditional residence in the US. It means your green card expires two years from the date on which you entered the country. In order to make an adjustment to your permanent residency with this visa, you and your spouse have to apply conjointly to remove the terms on your residency based on your marriage within 90 days prior to your green card’s expiration.
In some cases, an individual may be a spouse with an IR1 visa, an unmarried child under the age of 21 with an IR2 visa, and orphan who is adopted abroad with an IR3 visa, an orphan who is being adopted in the US with an IR4 visa or a parent of a United States citizen of at least 21 years of age with an IR5 visa. In all of these instances, these individuals can automatically become permanent residents of the US.
There are other visas for family members, such as an F1 for unmarried children younger than 21 and their minor children, an F2 for spouses and children of legal permanent residents, F3 visas for married children and their minor children or the F4, which goes to siblings of US citizens older than 21, as well as their minor children. These individuals can also become permanent residents.
Some permanent residents can make adjustments to their status through things like a job offer, extraordinary ability or even an investment. There is also the possibility for diversity lottery winners to make adjustments to permanent residency after they acquire a visa. All refugees must apply for permanent residence in the United States a year after they enter the country.
Author Bio: Kazmi and Sakata works as a Immigiration Lawyer San Deigo. They have been lawyer for almost 13 years now and have solved many difficult immigration cases. they are share their views through writing for different forum.