What is Permanent Residence in the U.S.
Permanent Residence is understood to be a person’s legal status by which one is authorized to reside and work in the US.
Now, how do you apply for permanent residence? A candidate for permanent residence normally undergoes a three-step processing procedure to obtain permanent residency. But, keep in mind, such procedures will be very reliant on the type of petition filed for him or her. The waiting period vary too based on the applicant’s immigrant category and country of birth. When the candidate is being petitioned by a relative, the petitioner must meet the eligibility requirements set by the USCIS. Identical procedure applies to an individual being petitioned. If, such as, a sibling is the petitioner, he or she must share the same parents as the applicant. As far as possible, each party should present immediate relations with one another for the application to run faster.
Moreover, in relation to immigrant visa availability, though an immigrant visa number through the National Visa Center of U.S. can be obtained and the USCIS approves the petition, these does not guarantee that a visa number is immediately available. Since there is a limit on the number of visa every year, a quota set by the Immigration and Nationality Act, a candidate for permanent residency still needs to sit on a lengthy waiting list, most especially if additional limitations were being put on to his country of birth. Good thing for immigrants who are categorized as the IR immigrant category or those people who are immediate relatives of a U.S. citizen like spouses and children under 21 yrs . old, and parents of a US citizen who is 21 years of age or older, they are no longer subject to this quota and may proceed to the next step of the application.
In situations when an immigrant visa number becomes available and has been granted to him or her, the candidate must either apply with USCIS to adjust his or her current status to permanent resident status. To make this happen, the candidate must file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS.
Even though the application filed is still pending for approval, the candidate is privileged to obtain two kinds of permits for his or her use. If the person wants to be work and be employed in the United States, he or she can do so as long as a temporary work permit is requested. An Employment Authorization Document (EAD) should be submitted which enables the individual to take employment in the U.S.
Another permit a person with a pending for approval application for permanent residence can engage in is advance parole. This type of permit is a temporary travel document which enables the alien applicant to travel outside the U.S. and re-enter again. The EAD and advance parole are different types of permits which bestows benefits that are actually independent of any existing status offered to an applicant.
Application for permanent residence necessitates a lot of work and patience but, once approved, it bestows various privileges which natural-born U.S. citizens enjoy.
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