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Permanent Resident: A Comprehensive Guide to Your Immigration Status
Definition & Meaning
A permanent resident is a person who has been granted the right to live and work in a country indefinitely without holding citizenship. In the United States, this status is typically obtained through a multi-step immigration process. The United States Citizenship and Immigration Services (USCIS) oversees this process, which often involves an approved immigrant petition from an employer or relative, followed by the availability of an immigrant visa number. If the individual is already in the U.S., they can apply to adjust their status to that of a permanent resident.
Table of content
Legal Use & context
The term "permanent resident" is primarily used in immigration law. It is relevant in various legal contexts, including employment, family reunification, and access to public benefits. Individuals seeking permanent residency must navigate specific forms and procedures, which can often be managed using legal templates from US Legal Forms. These templates can help streamline the application and adjustment process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A foreign national who has been working in the U.S. on a temporary work visa may have their employer file a petition for them to become a permanent resident. Once approved, they can apply to adjust their status.
Example 2: A person who has married a U.S. citizen may apply for permanent residency based on their marriage, provided they meet all eligibility criteria. (hypothetical example)
Relevant laws & statutes
The Immigration and Nationality Act (INA) governs the process of obtaining permanent resident status in the U.S. Key sections include:
INA § 245 - Adjustment of status to that of a permanent resident.
8 CFR § 245 - Regulations regarding the adjustment process.
Comparison with related terms
Term
Definition
Permanent Resident
A non-citizen granted the right to live and work in the U.S. indefinitely.
Citizen
A person who has full legal rights and responsibilities in a country.
Temporary Resident
A person allowed to stay in the U.S. for a limited period, often tied to a specific visa.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify for permanent residency, start by gathering necessary documentation and consider filing an immigrant petition. You can explore US Legal Forms for templates that can assist you in this process. If your situation is complex, consulting with an immigration attorney is advisable to ensure all legal requirements are met.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Typical processing time: Varies; can take several months to years.
Application fees: Varies based on the type of application; check USCIS for current fees.
Jurisdiction: Federal, governed by USCIS and the Department of Homeland Security.
Key takeaways
Frequently asked questions
A permanent resident has the right to live and work in the U.S. but does not have the same legal rights as a citizen, such as voting.
Yes, after meeting specific residency and eligibility requirements, a permanent resident can apply for citizenship.
Permanent residency can be revoked for reasons like criminal activity or failing to maintain residency. You may need to consult an attorney if this occurs.