California Lawful Permanent Resident Law Attorneys for the LGBT Community

What is Lawful Permanent Resident Status?

Prior to one becoming a U.S. citizen, he or she must first obtain a lawful permanent resident status (LPR). One may apply to adjust to LPR after he or she has been granted immigration status. Despite the fact that those who hold a permanent resident status are entitled to more privileges than an immigrant with a temporary visa, including the privilege to reside permanently in the U.S., they are still regarded as an alien and must adhere to certain rules in order to maintain their status.

Applying for Legal Permanent Resident Status

In order to apply for LPR, the applicant must portray one of the following:

• The applicant has family ties with a permanent resident
• The applicant has family ties with a U.S. citizen
• The applicant has a job offer that will not replace or interfere with the job of another U.S. worker

Following, the applicant demonstrates that he or she:

• Has been examined and later allowed entry and paroled in the U.S.
• Can obtain an immigrant visa immediately after their application has been submitted
• Had lawful status at the time of filing
• Have not been involved in unapproved employment after January 1, 1997
• An adjustment of status has been given

Eligibility to Apply for Lawful Permanent Resident Status

A non-resident may be eligible to apply if:

• The alien is the spouse, parent, or unmarried child who is under 21
• A U.S. employer has approved and filed the alien’s visa petition
• Following the alien’s entry on a K – 1 Fiancé visa, he or she married the U.S. citizen who applied for the K-1 visa on their behalf
• The applicant has been granted a refugee or asylee status after residing in the U.S. for at least a year
• The applicant has won a visa in the diversity visa lottery in which 50,000 visas are granted each year in a lottery in countries with reduced rates of immigration.

Ineligibility to Apply for Lawful Permanent Resident Status

There are numerous reasons as to why an applicant may be ineligible to apply to adjust to LPR including the following:

• The applicant has entered the U.S. during the time they are transporting to another country without acquiring a visa
• After inspection by Immigration, the applicant was not permitted entry or paroled into the U.S.
• The applicant is employed in the U.S. while lacking U.S. citizenship and permission by Immigration Services
• The applicant is no longer legally in the country

If you or a loved one are seeking lawful permanent resident status or need information regarding your options, contact a Los Angeles Gay and Lesbian Immigration Attorney today for case consultation.