Achieving United States citizenship is a dream of many people around the world. However, some people choose to not pursue citizenship to begin with because they don’t believe they are eligible. Instead, they opt to apply for a nonimmigrant Visa which grants access to the country for a certain period of time for reasons related to academics, work, business, or other similar reasons. Believing they wouldn’t qualify for citizenship, they then leave the country once their time is up.
However, through the process of adjustment of status a person can change their living status within the United Status. By understanding how this process works, a person can set themselves up for the rest of their lives inside the country.
What is Adjustment of Status?
To those unfamiliar with the term, adjustment of status refers to the process of changing one’s status from non-permanent resident to permanent resident via green card. To be eligible for an adjustment of status, a person must be inspected to show proof that they legally entered the United States, or they must show proof they were paroled into the United States. For example, a person who crossed into the United States illegally, yet sought asylum and was granted it, could still be eligible for an adjustment of status. When pursuing a green card, you must meet the eligibility requirements for at least one of the different types.
The Different Primary Categories for Green Cards
During the adjustment of status processing for a person attempting to gain permanent residency states after crossing into the United States, understanding the different types of green cards you may be eligible for is the first step. There are five primary categories for eligibility, with a few exceptions, which may apply to a person seeking adjustment of status:
Green Card via Family
Perhaps one of the most common ways a person receives a green card is through family. Most often, you will need to have a direct relationship with someone who is already a U.S. citizen, with the most common requirements for this type of green card being:
- A person is the spouse of a U.S citizen
- A person is an unmarried child of a U.S. citizen and is under 21
- A person is the parent of a U.S. citizen who is at least 21 years old
- A person is a direct family member of a U.S. citizen
- A person is a family member of a lawful U.S. resident
- A person was admitted to the U.S. as the fiancé of a U.S. citizen
- A person was admitted to the U.S. as the child of a fiancé of a U.S. citizen
- A person is a widow or widower of a U.S. citizen
Green Card via Employment
Another common category in which a person may apply for a green card is through employment. First preference immigrant workers who have outstanding careers or extraordinary abilities may be granted a green card. Additionally, second preference immigrant workers such as those who are a part of a profession which requires an advanced degree or those seeking national interest waivers may also be allowed. Physicians and immigrant advisors are also often granted adjustment of status.
Green Card via Special Circumstances
There are a number of subcategories in which a person may qualify for a green card due to special circumstances. The most prominent of these include:
- Being a religious worker who is operating in the United States under a nonprofit organization
- A person is a juvenile who needs the protection of a court
- Someone who is coming to the United States to work as a member of USAGM
- A retired individual who worked for an eligible international organization
Green Card via Refugee
For those traveling to the United States as a refugee from their home country, whether it’s due to economic or societal conditions, a green card may potentially be issued.
Green Card via Crimes
For those who have been the victim of human trafficking, general crime victims, or victims of abuse, green cards may potentially be issued to keep you protected.
Green Card to Citizenship: What You Need to Know
For some individuals, going from a green card to citizenship is a path that may be of interest. If this is the case, learning how the process works can be of benefit. There are a number of requirements that must be met in order to apply for citizenship via naturalization:
- A person must be at least 18 years old when they submit their form for naturalization
- A person must have been a lawfully admitted permanent resident for at least five years
- A person must show they have been physically present in the United States for 30 months out of the 5 years
Assuming that a person meets all of the above requirements, they are likely eligible to begin the process of pursuing citizenship.
Completing the Process to Citizenship: Steps to Be Aware Of
For those who are eligible, there are a number of crucial steps that must be met:
- Meet the requirements for citizenship (lawful permanent resident, married to a citizen, child of a citizen, or serving as a service member)
- Prepare an N-400 form which serves as an application for naturalization
- Submit the form and pay the applicable fees
- Go submit for a fingerprint and background check
- Complete the citizenship interview
- Receive your approval or denial
- Take the Oath of Allegiance to the United States
The Bottom Line
While seeking citizenship may not be the right choice for everybody, there are millions around the world who are interested in the path. Becoming a U.S. citizen is not straightforward, however, and some may choose to pursue a green card instead due to the easier requirements. Regardless of a person’s specific path, living in the United States of America provides a person with opportunity, freedom, and the ability to define how they live their life. Seek out the path that works best for your overall situation.