The INA provides an individual with two primary paths to permanent resident status: adjustment of status in the United States, and consular processing outside of the United States.
Adjustment of Status
The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant to immigrant if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card in a particular category. This process permits an eligible individual to obtain permanent resident status without having to return to his/her home country to complete visa processing.
The common term for a change to permanent status inside the USA is “adjustment of status.”
The first step in the adjustment of status process is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions, including extraordinary accomplishments or investors.
Consular Processing
Consular processing is an alternate process for an individual who is outside the United States, or who is in the United States but is ineligible to adjust status for various legal reasons. In this process, a person obtains the Immigrant Visa abroad and enter the United States as a permanent resident.
The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions.
