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Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylee, nonpermanent resident, conditional entrant, [1] parolee, and others physically present in the United States. [2] [3]
According to 26 CFR 301.7701(b)-1, the only way for an individual to initiate the process of administrative determination of abandonment of lawful residence is to file Form I-407. Additionally, a green card holder who takes a tax treaty-based return position as a non-resident of the U.S. also triggers the expatriation tax. [20]
A permanent resident who obtained permanent residence as a refugee may either apply for a refugee travel document or a re-entry permit, but not both. Specimen Identity page of a USCIS issued travel document to a permanent resident. USCIS Form I-131 (Application for a Travel Document) is used to apply for the re-entry permit and other travel ...
Forms are designated by a specific name, and an alphanumeric sequence consisting of a letter followed by two or three digits. Forms related to immigration are designated with an I (for example, I-551, Permanent Resident Card) and forms related to naturalization are designated by an N (for example, N-400, Application for Naturalization).
The visa entitles the holder to travel to the United States as an immigrant. At the port of entry, the immigrant visa holder immediately becomes a permanent resident, and is processed for a permanent resident card and receives an I-551 stamp in their passport. The permanent resident card is mailed to their U.S. address within 120 days.
It is not a U.S. visa or a re-entry permit; it is only issued to people without permanent residency. To obtain an advance parole, an applicant must file Form I-131 ("Application for Travel Document"), with supporting documentation, photos, and fee, at a local USCIS office or the service center having jurisdiction over their place of residence.
The program known as Parole in Place (PIP) was designed to allow foreign nationals without any lawful documented status, never granted any lawful entry of inspection or travel visa, and married to American citizens the opportunity to adjust their status while residing within the United States, instead of waiting for a consular processing and personal interview at a U.S. Consulate at their ...
Adjustment of status is submitted to USCIS via form I-485, Application to Register Permanent Residence or Adjust Status. If an immigrant visa number is available, the USCIS will allow "concurrent filing" : it will accept forms I-140 and I-485 submitted in the same package or will accept form I-485 even before the approval of the I-140.