Can You Stay in the US While Awaiting Your Green Card?

Can You Stay in the US While Awaiting Your Green Card?

E2 Business in the United States: Corporation or LLC? : 4 minutes read

The process of obtaining a Green Card in the United States is a significant milestone for many immigrants, offering the promise of a more stable and secure future. However, the journey toward permanent residency is often accompanied by a lengthy waiting period, during which applicants may wonder about their eligibility to stay in the U.S. In this article, we will explore the options available to individuals awaiting their Green Card and the implications of staying in the U.S. during this period. 

Before delving into the specifics of staying in the U.S. while waiting for a Green Card, it’s crucial to understand the basic steps involved in obtaining permanent residency. The process typically begins with an individual being sponsored by a family member or employer, after which they must go through a series of applications, interviews, and background checks. Once approved, they enter the waiting period, during which the government processes their application and determines their eligibility for a Green Card. 

Staying in the U.S. While in Processing

The waiting period for a Green Card can extend from several months to several years, depending on various factors such as the applicant’s visa category, country of origin, and the overall demand for Green Cards. Fortunately, in many cases, applicants are allowed to stay in the U.S. during this period, thanks to a provision known as “Adjustment of Status.” 

Adjustment of Status allows individuals who are eligible for a Green Card to apply for it from within the United States, without the need to return to their home country. This provision is particularly beneficial for those who entered the U.S. on a valid visa and have maintained lawful status throughout their stay. By filing Form I-485, Application to Register Permanent Residence or Adjust Status, applicants express their intention to become permanent residents and can continue living in the U.S. while their application is pending. 

Employment and Travel Authorization

While waiting for the Green Card, applicants may also apply for an Employment Authorization Document (EAD), commonly referred to as a work permit. The EAD allows individuals to legally work in the U.S. and can be a crucial lifeline during the waiting period, providing financial stability and allowing them to contribute to society. |

Additionally, individuals awaiting their Green Card can apply for Advance Parole, which permits them to travel outside the U.S. and return without abandoning their pending Green Card application. This is especially important for those who may need to travel for personal or professional reasons, but it’s essential to obtain Advance Parole before leaving the country to avoid complications. 

Things to Consider

While the option to stay in the U.S. during the Green Card waiting period is advantageous, applicants should be aware of potential challenges and considerations. Maintaining lawful status, avoiding criminal activities, and ensuring timely submission of required documents are critical aspects of a successful Green Card application. Any violations or issues may jeopardize the entire process, leading to delays or even denials. 

It’s also important to note that certain visa categories may not allow for Adjustment of Status, requiring applicants to go through Consular Processing, which involves returning to their home country for the final stages of the Green Card application. 

Staying in the U.S. while waiting for a Green Card is a viable option for many applicants, thanks to the Adjustment of Status provision. This allows individuals to continue their lives in the U.S., work legally, and contribute to their communities during the waiting period. However, it’s crucial to navigate this process carefully, adhering to immigration regulations and addressing potential challenges to ensure a smooth transition to permanent residency. As immigration policies are subject to change, individuals are advised to consult with immigration or legal professionals for the latest information and guidance tailored to their specific situation. 

Join our newsletter

All about immigration law, visas, news, interestings interviews and more.