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All foreigners who wish to enter the United States must present a passport that is within its validity period, in addition to a valid U.S. visa that matches the purpose of the trip or an ESTA Electronic Travel Authorization if the country of origin belongs to the Visa Waiver Program (Visa Waiver Program).
However, those foreigners who live in the United States and are eligible to apply for Permanent Residence may submit Form I-485. Once approved, these foreigners, among whom Mexicans and Colombians may be found, will be able to enter by presenting only the Permanent Resident Card (Green Card).
Form I-485: Who can apply and what are the requirements?
The Application to Register Permanent Residence or Adjust Status, technically known as Form I-485, is a fundamental step that must be completed by those who want to obtain a Green Card without leaving the country.
For this, the applicant must be considered eligible by the United States Citizenship and Immigration Services (USCIS). Among the main requirements that must be met:
- Be physically present in the country.
- Have entered the United States after a legal admission or permission.
- Be eligible to receive an immigrant visa.
- Have an immigrant visa available at the time of filing the application.
- Be admissible in the United States.
- Submit Form I-485 together with the required documentation.
The following may access adjustment of status:
- Sponsored workers by an employer.
- Immediate relatives or those sponsored by citizens or permanent residents.
- Refugees and asylees who meet the legal requirements.
- Beneficiaries of humanitarian programs and other categories provided for by immigration law.
What does approval of Form I-485 allow you to do?
When the applicant becomes a legal Permanent Resident of the United States and obtains a Green Card, they can:
- Live permanently in the United States.
- Work legally for any employer without needing a work visa.
- Enter and leave the country while complying with the applicable immigration rules.
- Sponsor certain relatives who decide to migrate.
- Apply for U.S. citizenship through naturalization if the residence and eligibility requirements are met.
How to manage Permanent Residence in the United States?
To obtain Permanent Residence the following steps must be followed:
- Verify the immigration category that applies and eligibility.
- Submit an immigrant petition when necessary.
- Complete and submit Form I-485 with supporting documentation and any required evidence.
- Attend the appointment for biometric data, photo, and signature collection.
- If USCIS considers it necessary, attend a consular interview.