Adjustment of Status v. Consular Processing, Provisional Waiver, Regular Waiver

The United States Immigration Laws allows certain relatives to file for other relatives. In addition, the intending immigrant has to do either Consular processing or adjustment of status to eventually get the “green card.” Green card holder or lawful permanent resident (LPR) means the same thing.As spouse who is a LPR or United States citizen (USC) can file for a spouse. A child who is age 21 and USC can file for a parent. A parent who is a USC can file for children (married or unmarried). A parent who is an LPR can file for unmarried children. A sibling who is a USC and age 21 can file for another sibling. Aunts & uncle and niece & nephew cannot file for the other. If the intending immigrant is in the US and made a lawful entry, the intending immigrant may adjust status in the US. If the intending immigrant did not make a lawful entry, the intending immigrant if in the US has to return his/her US consulate to be processed for the green card. Undocumented means that that the intending was not inspected and admitted. A person who came to the US undocumented and got married to a USC, the intending immigrant may file for a provisional waiver before (s)he goes to the US consulate to be processed.  A person who did not make a lawful entry, stayed in the US for 366 days, and you leave the US, you will be barred for 10 years from coming back. Provisional waiver reduces that time to about two weeks.

Marcus A. Jarvis Attorney, 3621 85th Ave. Suite 201, Brooklyn Park, MN 55443 Tel 763 425 5447 www.m-jlawltd.com Book: “A Simple Guide to the Immigration Laws of the United States: What you NEED to know when you come to America.”