Can you stay in the US while waiting for a green card? This is a question that many individuals who are in the process of obtaining permanent residency status often ask. The answer to this question can vary depending on several factors, including the individual’s immigration status, the type of green card they are applying for, and the specific circumstances of their case. In this article, we will explore the various scenarios and provide guidance on what you can expect during the green card application process.
Firstly, it is important to understand that there are different types of green cards, each with its own set of rules and regulations. For instance, individuals who are applying for a family-based green card may be eligible to stay in the US while their application is being processed. This is because family-based green cards are often categorized as “immediate relatives,” which include spouses, children, and parents of U.S. citizens.
On the other hand, individuals applying for employment-based green cards may face more challenges. While some employment-based green cards, such as those for priority workers and certain individuals with extraordinary abilities, may allow for a stay in the US, others may require the applicant to return to their home country for consular processing. This means that the applicant must wait for their green card to be issued in their home country before returning to the US.
One important factor to consider is the I-131, Application for Travel Document, which is used to request advance parole. This document allows individuals who are in the US with a pending application for adjustment of status to travel abroad and return to the US. However, not all applicants are eligible for advance parole, and the approval of the I-131 is at the discretion of U.S. Citizenship and Immigration Services (USCIS).
Another factor to consider is the I-485, Application to Register Permanent Residence or Adjust Status. This application is used to request permanent residency in the US. If an individual’s I-485 is pending, they may be eligible for a work permit (EAD) and a social security number, which can help them maintain their status in the US while waiting for their green card.
In conclusion, the answer to the question “Can you stay in the US while waiting for a green card?” depends on various factors, including the type of green card, the individual’s immigration status, and the specific circumstances of their case. It is important to consult with an immigration attorney or a qualified expert to understand your options and navigate the complex immigration process effectively.
