How do I apply for a green card for a relative who is already in the United States under one of the nonimmigrant categories?

These people must apply for adjustment of status. The process differs depending on whether a green card is immediately available.

1. The one-step process-- the U.S. citizen or permanent resident relative files a Form I-130 (Petition for Alien Relative) to start the process. If an annual quota for a green card is current or if it is otherwise available like in a case with the immediate relatives of U.S. citizens, an application to register permanent residence or adjust status (Form I-485) can be filed at the same time. This is known as concurrent filing. Both applications are reviewed by the USCIS simultaneously; a person is called for an interview in the U.S. and, provided it went smoothly, receives a Green Card by mail.

2. The two-step process-- the U.S. citizen or permanent resident relative files a Form I-130 (Petition for Alien Relative) to start the process. If a green card is not immediately available like in the above-referenced case, an application to register permanent residence or adjust status (Form I-485) can be filed only when an annual quota become current. U.S. Department of State published this information on its website and immigration attorneys closely monitor it. Therefore, there may be a waiting period after I-130 is approved and before a person can receive a green card. It is important to note that during this period a foreign national must either maintain a legal status under one of the nonimmigrant categories if he wishes to reside in the United States while waiting for his quota or leave the U.S. and wait for a green card availability outside the country. Application for adjustment of status does not give a right to live in the U.S. while it is pending.