The last step in obtaining permanent residence, after showing that someone is generally eligible and waiting through any applicable backlog, is to show the government that the person is not within a category of people considered to be inadmissible to the United States. This is done through one of two procedures:
- Adjustment of Status to permanent residence within the U.S.
- This can include “Section 245(i) Pay-to-Stay” applications.
- Immigrant Visa Processing through a U.S. consulate abroad, followed by entry.
Most people who are in the U.S. already and who fit the complex requirements for adjustment of status use that method, but it is not always best to do so. Common reasons to choose visa processing instead include faster processing abroad (in some types of cases), the need to live abroad while awaiting approval, and the desire for family members presently abroad to immigrate simultaneously. The analysis of which method is best involves complex, case-specific considerations in which immigration lawyers are particularly useful. The difficulty of switching from adjustment to visa processing makes good counsel essential to the decision.
How We Can Help
Baker Donelson’s Immigration Group helps foreign nationals and their employers figure out and pursue the most efficient path(s) to permanent residence. Some of those paths are fairly elaborate, but our knowledge of the processes, and their constant changes, allow us to obtain a faster result. Sometimes we work on more than one path at a time for the same person and see which one works out first. We help obtain and maintain temporary status and interim work and travel authorization in the meantime. We seek expedited processing where warranted. We help people with problem cases obtain waivers and other relief. We defend permanent residents in removal and other proceedings. We help permanent residents and citizens sponsor their relatives. We keep up with all the constant changes to the rules on who can become a permanent resident and how, so we can help you make the most of your opportunities.
Consult with us for assistance with a case.