Applying for a Green Card
After getting the go-ahead from USCIS, it's time to apply for your green card.
Once you're ready to apply for a green card -- most likely because a visa petition filed for you by a relative, fiancé, or employer has been approved and you've waited until a green card ("immigrant visa") is available -- it's time to figure out where to apply.
(If you're not sure what a visa petition is or whether you needed one, see First Step for Family and Employment Green Cards: The Visa Petition. One of the largest groups of people who don't need visa petitions are refugees and political asylees, who can apply for a green card after one year of gaining their status.)
While most green card applications must be made at U.S. embassies and consulates abroad, many people would prefer to file paperwork while inside the United States, with the agency known as U.S. Citizenship and Immigration Services (USCIS). That's often because they are either already living in the U.S. or they want to join their family or start their new job there as soon as possible. Unfortunately, the choice is not always the immigrant's to make.
Who Can Apply in the United States
Only certain categories of applicants are allowed to file green card applications at a USCIS office. This right is usually limited to people who entered the U.S. legally and didn't stay beyond the date on their I-94 card (put in your passport when you enter).
One important exception is immigrants who are the immediate relative of a U.S. citizen, such as a husband or wife, and applying on that basis. If they entered legally, or on a visa waiver, and even if they stayed past the date when they were expected to leave, they can normally still apply in the United States.
For other applicants, particularly those who entered the U.S. illegally or overstayed a visa, filing in the U.S. may cause their deportation. Anyone considering applying in the U.S. should consult a Nolo book specific to your situation or hire an experienced immigration attorney.
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