Immigration Dictionary

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Accompanying Relative: A spouse or child under the age of 21 that is eligible for a green card because of his or her close family relationship with someone that is eligible for a green card.

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ADIT Service Center: A location where USCIS takes fingerprints and other biometric information from greencard applicants. See also ASC Service Center.

Adjustment of Status: Changing from nonimmigrant to permanent resident status (i.e., green card holder) from inside the United States. An alien adjusts status by filing an Application to Adjust Status (Form I-485).

Advance Parole: Permission to travel outside the United States while USCIS is processing a green card application. An alien obtains advance parole by filing an Application for Travel Document (Form I-131).

Affidavit of Support (Form I-864): A document submitted by a family-based green card applicant’s petitioning U.S. citizen relative in support of the green card application demonstrating that the petitioner has the financial resources to support the applicant. If the petitioning U.S. citizen relative does not have enough income or assets to support the alien, another U.S. citizen or permanent resident can serve as co-financial sponsor by submitting an additional Affidavit of Support. The Affidavit of Support is a contract between the person signing it and the U.S. government obligating the signer to repay the government if the alien receives financial assistance from the government after getting a green card.

Aging Out: When a child otherwise eligible for a green card as an accompanying relative loses the right to a green card by turning 21.

Alien: A non-U.S. citizen. Aliens are also known as foreign nationals, and are sometimes called foreigners.

Alien Registration Receipt Card: The official name for a green card.

Alien Relative Petition: See Petition for Alien Relative (Form I-130).

Alien Worker Petition: See Petition for Alien Worker (Form I-140).

Applicant: A person that files an application. See “Application.”

Application: A formal written request made to the U.S. government, generally by a foreign national, for a green card or visa. If the alien is inside the U.S., he or she will file a form called an “Application for Adjustment of Status” (Form I-485). If the alien is outside the U.S., he or she will file an immigrant visa application. In most cases, a United States citizen or business must file an Alien Relative Petition or Alien Worker Petition on behalf of the foreign national demonstrating that the alien is entitled to a green card before the foreign national can submit his or her green card application. An exception is where the foreign national is inside the United States and marries an American; in that situation the alien can file a green card application at the same time the U.S. citizen spouse files a petition on the alien spouse’s behalf.

In some instances, such as when an alien in America marries a U.S. citizen, a green card application (which an alien generally files) can be filed with the petition. In other instances, the petition must first be approved before the alien can file his or her green card application.

In family-based immigration, common applications include:

Application to Adjust Status (Form I-485): The form filed by an alien with USCIS when seeking to change from nonimmigrant to permanent resident status (i.e., green card holder) from inside the United States.

Application for Travel Document (Form I-131): The form filed by an alien with USCIS when seeking permission to travel outside the United States while USCIS is processing his or her green card application.

Application for Employment Authorization Document (Form I-765): The form filed by an alien with USCIS when seeking permission to work in the United States while USCIS is processing his or her green card application.

ASC Service Center: See ADIT Service Center.

Beneficiary: A person whose relative or employer files a petition on their behalf. See “Petition.”

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Biometric Information: Photographs, signature exemplars, fingerprints and other identifying data that green card applicants must submit so that the appropriate United States government agencies can conduct criminal and security background checks.

Chicago Lock Box: The “Chicago Lock Box” is a bank located in Chicago, Illinois, under contract with the United States Department of Treasury. It is the designated filing address for certain petitions and applications. These filings must be submitted via mail or messenger. Upon receipt of a petition or application, the Chicago Lock Box personnel check or and deposit fee payments, issue fee receipts, perform an initial review of submitted documents and data entry according to rules established by USCIS. After performing these functions, the Chicago Lock Box forwards all properly filed cases to the National Benefits Center (NBC) for pre-interview processing.

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Conditional Permanent Resident: If the marriage between an alien spouse and an American citizen is less than two years old when the alien spouse receives his or her green card, the green card will be issued “conditionally.” That means that the foreign national spouse’s status as a lawful permanent resident (LPR) will expire two years after issuance unless the foreign national spouse files a Petition to Remove Conditional Residence Status (Form I-751) with the appropriate USCIS Service Center between 21 and 24 months after USCIS initially granted the green card, along with documents demonstrating the continuing validity of the marriage, or, if the marriage is over, that it was in fact entered into in good faith.

Employment Authorization Document (EAD): See Work Permit.

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Family-Based Immigration: Applying for a green card based on a family relationship with a U.S. citizen or permanent resident. Family-based immigration is divided into categories based on the type of family relationship. The two main categories are “immediate relatives” and “preference relatives.” Preference relatives, in turn, are divided into four sub-categories.

Immediate Relatives include spouses of U.S. citizens, as well as unmarried people under 21 with at least one U.S. citizen parent and parents of U.S. citizens that are at least 21.

Preference Relatives include certain unmarried and married children and parents of U.S. citizens, siblings or U.S. citizens, and spouses, parents and children of permanent residents of the United States (green card holders).

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Fiancé Visa: A visa (referred to as a “K-1” visa) that allows an alien engaged to be married to a United States citizen to come to America and marry. A foreign national that comes to the U.S. on a K-1 visa must marry within 90 days of arrival in the United States. The foreign national’s children under the age of 21 can obtain K-2 visas and accompany their alien parent to America. If the marriage takes place, the K-1 (and K-2) visa holders can file an Application to Adjust Status (Form I-485) and become permanent residents (green card holders).

Financial Sponsor: Unofficial term for a U.S. citizen or permanent resident that executes an Affidavit of Support (Form I-864) in support of an alien relative’s green card application.

Foreign National: A non-U.S. citizen. Foreign nationals are also known as aliens and are sometimes called foreigners.

Forms DS 230 Parts I and II: Forms submitted by an alien seeking an Immigrant Visa from a U.S. embassy or consulate. These forms ask for biographical data regarding the foreign national and his or her U.S. citizen relative.

Green Card: The popular name for an Alien Registration Receipt Card. Green cards (which were green many years ago but are now pink) are credit card sized plastic photographic identification cards issued to lawful permanent residents of the United States. They allow the holder to live and work in America. Green cards also take the place of a visa and allow non-citizens to enter the United States after traveling abroad. Although a holder can live and work in the U.S. permanently (unless the green card is lost due to abandonment or commission of certain crimes or immigration violations) the green card itself lasts for ten years and must be replaced with a new card when the old one expires.

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I-94 Card: A With the exception of most Canadians, foreign nationals entering the U.S. on non-immigrant visas receive a green or white card called an I-94 card” upon entry. The I-94 card serves as evidence of legal entry into America and will carry a notation stating how long the alien may stay in the U.S. The notation on the I-94 card, not the period of the non-immigrant visa’s validity, determines how long the alien can remain in the United States on a particular trip.

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I-551 Stamp: A red stamp placed in a successful green card applicant’s passport that serves as proof of permanent resident status until the alien receives the actual green card. Until recently, foreign nationals would always get an I-551 stamp when their green card application was approved. Currently, because green cards typically arrive in a week or two, successful applicants only get I-551 stamps if they can convince USCIS that they need it.

Immediate Relatives: In family-based immigration, a category that include spouses of U.S. citizens, as well as unmarried people under 21 with at least one U.S. citizen parent and parents of U.S. citizens that are at least 21. On of the benefits of being an immediate relative is that there is no numerical limit on the number of green cards available each year for this category..

Immigrant: a person who enters the U.S. with the intention of becoming a permanent resident (i.e., a green card holder). U.S. immigration law generally assumes that a foreign national seeking entrance to the U.S. has immigrant intent. As a result, an alien applying for a nonimmigrant visa or attempting to enter pursuant to one has the burden of proving that he or she will leave when their permitted stay ends. If an alien enters the United States on a visa waiver or nonimmigrant visa and immediately or almost immediately applies for a green card, USCIS may conclude that the alien concealed his or her true immigrant intent upon entry and deny the green card.

Immigrant Visa: See Visa.

Immigration and Naturalization Service (INS): See USCIS.

Inadmissibility: A non-U.S. citizen denied entry into the United States because of criminal conduct, health problems, subversive or terrorist activity or inability to support themselves financially. Some grounds for inadmissibility can be overcome.

K-Visas: A type of visa that allow fiancés and spouses of United States citizens and their unmarried children under the age of 21 to come to America.

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In the case of fiancés, a “K-1” visa allows an alien engaged to be married to a United States citizen to come to America and marry. A foreign national that comes to the U.S. on a K-1 visa must marry within 90 days of arrival in the United States. The foreign national’s children under the age of 21 can obtain K-2 visas and accompany their alien parent to America. If the marriage takes place, the K-1 (and K-2) visa holders can file an Application to Adjust Status (Form I-485) and become permanent residents (green card holders).

If an alien spouse of a U.S. citizen is living abroad, a K-3 visa allows the foreign national spouse to enter the United States. A K-4 visa would allow his or her unmarried children under the age of 21 to enter. After arriving in America, the K-3 (and K-4) visa holders can file green card applications.

Labor Certification: In employment-based immigration, the process by which a US employer demonstrates that an alien is the only qualified worker available to fill an open job. Obtaining labor certification is expensive and unpredictable because the American employers must advertise for workers and then show that no qualified U.S. citizens or green card holders applied in order to obtain Labor Certification.

Lawful Permanent Resident: See Permanent Resident.

LPR: See Permanent Resident.

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Medical Examination Report: A report issued by a licensed physician stating that he or she has examined a foreign national seeking permanent resident status in America and no health reason exists that justify denying an immigrant visa or green card to the alien. A Medical Examination Report (and thus a medical examination) is required in all green card applications.

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National Benefits Center: See “Chicago Lock Box.”

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National Visa Center (NVC): A private company located in Portsmouth, New Hampshire that processes certain immigration filings under contract with the U.S. Department of State (DOS). In appropriate cases, NVC receives approved green card petitions from USCIS or DOS and continues the green card process by sending forms and instructions to the applicant, receiving the forms and supporting documents back from the applicant, and then forwarding the applicant’s file to the proper U.S. embassy or consulate abroad.

Naturalization: The process by which a green card holder becomes a United States citizen. Generally, a person is eligible for naturalization when he or she has had a green card for the appropriate.

Naturalization Certificate: A certificate issued by the United States government attesting to a former alien’s status as a US citizen.

Nonimmigrant: a person who enters the U.S. with the intention of leaving at some point in time, rather than making America his or her permanent home. By definition, nonimmigrants cannot enter with the intent of becoming permanent residents; thus, they are supposed to be without “immigrant intent.” U.S. immigration law generally assumes that a foreign national seeking entrance to the U.S. has immigrant intent. As a result, an alien applying for a nonimmigrant visa or attempting to enter pursuant to one has the burden of proving that he or she will leave when their permitted stay ends. If an alien enters the United States on a visa waiver or nonimmigrant visa and immediately or almost immediately applies for a green card, USCIS may conclude that the alien concealed his or her true immigrant intent upon entry and deny the green card.

Nonimmigrant Visa: See Visa.

Notice of Action / Notice of Approval (Form I-797): A form from USCIS stating that it has received or made a decision on a petition or application.

Overstay: See Unlawful Presence.

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Permanent Resident: A non-U.S. citizen to whom the U.S. government has granted permission to live and work in the United States permanently. Permanent residents ( who are sometimes referred to as “lawful permanent residents” or “LPRs”) receive a green card as proof of their status. Thus, “green card holder” and “permanent resident” mean the same thing. Permanent residents can travel outside of the United States and use their green cards as an entry document to return to America. Green card holders must maintain permanent residence in America. If they leave the U.S. and stay away for more than a year can lose their green card. Permanent residents can also lose their green card if they commit certain crimes or lied to get permanent resident status.

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Petition: A formal written request made to the U.S. government, generally by a U.S. citizen or company on behalf of an alien relative or worker, seeking acknowledgment that the alien is entitled to a green card or certain types of nonimmigrant visas. In some instances, such as when an alien in America marries a U.S. citizen, a green card application (which an alien generally files) can be filed with the petition. In other instances, the petition must first be approved before the alien can file his or her green card application.

In family-based immigration, common petitions include:

Petition for Alien Relative (Form I-130): A form filed by an American citizen asking the United States to allow a relative (called the “beneficiary”) of the petitioner (such as an alien spouse) to apply for a green card, either by filing an Application to Adjust Status (if the foreign national relative is inside the US) or Application for Immigrant Visa (if the alien relative is outside of the US). Form I-130 asks for basic information about the petitioner, beneficiary, their relationship and the beneficiary’s immigration history.

Petition to Remove Conditional Residence Status (Form I-751): A green card issued to a foreign national spouse whose marriage to a United States citizen is less than two years old as of the green card application’s approval is issued “conditionally.” This means that it will expire two years later unless the foreign national spouse and U.S. citizen spouse file Form I-751, along with documents demonstrating the continuing validity of the marriage, between 21 and 24 months after USCIS initially granted the green card.

If the alien spouse and U.S. citizen spouse are still married, this is usually a simple process. If the couple is divorced or if the U.S. citizen spouse will not cooperate, the process is more difficult, as USCIS will be very suspicious that the marriage was motivated by immigration considerations. Even in these situations, though, the foreign national can make the conditional green card permanent by proving (again) that the marriage was entered into in good faith, deportation will cause extreme hardship, or spousal abuse occurred.

Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360): A form filed by a widow, widower, abused spouse of a US citizen and certain other foreign nationals to obtain permanent resident status. A qualifying alien relative will use Form I-360 to start the green card process when a U.S. citizen either cannot or will not submit an Alien Relative Petition (Form I-130) on the alien’s behalf.

Petitioner: A U.S. citizen or company that files a formal written request with the U.S. government seeking acknowledgment that an alien relative or worker (called the “beneficiary”) is entitled to a green card or certain types of nonimmigrant visas.

Police Certificate: Documents obtained from foreign law enforcement agencies attesting to an Immigrant Visa applicant’s criminal record. An alien seeking an immigrant visa spouse must obtain Police Certificates from his or her home country and each country that he or she has lived in for six months or more since the age of 16. The Police Certificates should attest to the foreign national’s lack of criminal record. (A green card applicant with a criminal record should consult with an immigration lawyer to determine if the record will cause a problem with the green card application.) Some countries will send Police Certificates directly to the U.S. embassy or consulate rather than to the immigrant visa applicant, and some countries do not provide them. An immigrant visa applicant does not need to supply a Police Certificate from a country that does not issue them.

Poverty Guidelines: Income levels established by the United States government. In order for an American citizen or green card holder to act as a financial sponsor of a greencard applicant, as demonstrated by execution of an Affidavit of Support (Form I-864), the sponsor must have income above the poverty level for a family of his or her size by 25% or assets valued at five times the difference between 125% of the federal Poverty Guidelines and his or her actual income.

Preference Relatives: In family-based immigration, potential immigrants falling within one of the four preference categories. Preference relatives include certain unmarried and married children and parents of U.S. citizens, siblings or U.S. citizens, and spouses, parents and children of permanent residents of the United States (green card holders). On of the drawbacks of being a preference relative is that there are often long waits to obtain a green card.

Qualifying Relative: Any green card applicant whose eligibility for permanent resident status is based on a family relationship with an American citizen or permanent resident of the United States.

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Quota: a numerical limit on the number of visas or green cards available per year to a particular class of non-U.S. citizens. If the number of green card or visa applicants exceeds the quota in a given year, a backlog is created and applicants must wait until a green card or visa is available. For certain classes of non-U.S. citizens seeking a visa or green card, the wait can be many years. Spouses of U.S. citizens seeking an immigrant visa or green card are not subject to a quota.

Removal: A legal procedure conducted in Immigration Court that determines whether or not an immigrant can remain in the United States. Removal used to be called deportation. In some circumstances, a foreign national can be removed without a hearing. Aliens that are deported cannot reenter the U.S. for at least five years unless USCIS grants a special waiver.

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Self-Petitioners: Widows, widowers and abused spouses of United States citizens that can apply for a green card without the assistance of an American citizen.

Special Immigrants: Former employees of the Panama Canal Zone and other United States government agencies, workers for certain religions, foreign medical graduates living in the U.S. since 1978, and various other foreign nationals.

Sponsor: An unofficial term for the person or company filing a petition on behalf of a foreign national. “Sponsors” are also referred to as “petitioners.” The foreign national for whom a sponsor or petitioner files a petition is referred to as a “beneficiary.” In addition, a U.S. citizen or permanent resident that executes an Affidavit of Support (Form I-864) in connection with a foreign national’s green card application (thereby agreeing to reimburse the United States government if the foreign national receives public assistance while in the United States) is sometimes referred to a “financial sponsor.”

Status: The classification and corresponding privileges of an alien legally in the U.S. Aliens in the U.S. legally are in one of two broad classifications, or statuses: permanent resident or nonimmigrant. Permanent residents get green cards as proof of their status, can live here for as long as they want, can and work for whomever they want.

In contrast, a nonimmigrant’ privileges and ultimate permissible stay depends on his or her specific nonimmigrant status. Each particular nonimmigrant status has a descriptive name (“student,” “Intra-Company Transferee,” etc.) and letter-number designation (F-1, L-1, etc.), and confers specific privileges, such as the right to study, work or vacation.

One confusing aspect of U.S. immigration law is the relationship between an alien’s status and a visa. As explained above, status is the immigration classification and corresponding rights of an alien once he or she is inside the U.S. A visa, though, is merely a document issued to an alien at a U.S. embassy or consulate outside of the U.S. that allows the alien to present him or herself at a U.S. border, airport or seaport and request permission to enter.

Like status, visas come in two broad categories: immigrant and nonimmigrant. If an alien receives an immigrant visa at a U.S. embassy or consulate and uses it to enter the U.S., he or she will have permanent resident status upon entrance and get a green card.

If, on the other hand, an alien receives an immigrant visa and uses it to enter the U.S., his or her status upon entry will depend on the particular type of nonimmigrant visa her or she has. For example, if an alien enters the U.S. pursuant to an F-1 (student) nonimmigrant visa, he or she will have the right to study. Because the nonimmigrant visa that allows an alien to request entry into the U.S. will determine his or her status if he or she is admitted, visas and statuses tend to share letter-number designations (F-1 for students, L-1 for Intra-Company Transferee, etc.).

If you are still confused about visas and statuses, think of them this way: A visa is just a ticket that allows you to enter the U.S. As soon as you enter, the type of ticket you used to get in (immigrant visa, F-1, etc.) determines your status and corresponding privileges.

An alien that enters the U.S. pursuant to a nonimmigrant visa will always have a status. Just because an alien has status, though, does not mean he or she has the corresponding nonimmigrant visa. This is because in some cases an alien can enter the U.S. on a nonimmigrant visa, get the corresponding status, and later change to another nonimmigrant status while in the U.S. If this happens, the alien will not have a visa for his new status because only a U.S. embassy or consulate abroad can issue a visa. Thus, if an alien that changes status leaves the U.S., he will have to apply for a new visa reflecting his or her changed status before reentering the U.S. in that status.

Although engaging in an activity not allowed for by one’s status (such as by working without authorization while a student) is an immigration law violation that can have serious consequences, an alien that marries a U.S. citizen in most instances can get a green card despite the status violation. In contrast, an alien otherwise eligible for a green card through employment may be denied a green card for certain status violations.

Travel Document: See Advance Parole.

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Unlawful Presence: Remaining in the United States for longer than allowed after a lawful entry. A foreign national that has been unlawfully present in the United States for more than 180 days but less than one year will be barred from reentry for three years. Aliens unlawfully present for more than a year cannot reenter the United States for ten years.

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U.S. Citizenship and Immigration Services (USCIS): An agency of the Department of Homeland Security (DHS) responsible for ruling on immigration and naturalization matters and establishing immigration policies and priorities. USCIS was formerly called the Immigration and Naturalization Service (INS) and was part of the U.S. Department of Justice. On March 1, 2003, INS transitioned into DHS. Thus, INS no longer exists.

USCIS functions include adjudication of immigrant visa petitions, adjudication of naturalization petitions, adjudication of asylum and refugee applications, adjudications performed at the service centers, and all other adjudications formerly performed by the INS.

USCIS District Office: Local offices where USCIS adjudicates petitions and applications and conducts interviews.

USCIS Service Center: One of four regional locations where USCIS adjudicates petitions and applications. The USCIS Service Centers are in California, Texas, Nebraska and Vermont.

United States Consulates: Branch offices of United States Embassies. Embassies and consulates are operated by the United States Department of State in other countries that represent the United States government there. Many consulates accept visa applications.

U.S. Customs and Border Protection (CPB): Also known as the “Border Patrol,” an agency of the Department of Homeland Security (DHS) responsible for patrolling the border (including airports and seaports) and determining which aliens can enter the United States. Many non-U.S. citizens do not understand that even if they get a visa from a U.S. embassy or consulate, or can enter legally without a visa, the CPB officer at the airport, seaport or border is authorized to perform an inspection, decide whether the alien can enter and determine how long he or she can stay.

U.S. Department of Homeland Security: The department of the United States government responsible for securing America’s borders, responding to terrorist attacks and natural disasters, and implementing immigration policies and enforcing immigration laws.

U.S. Department of Labor: The department of the United States government responsible for developing employment opportunities and protecting the American workforce. With respect to immigration law, the Department of Labor often processes paperwork relating to employment based green card applications.

U.S. Department of State: The department of the United States government responsible for implementing foreign policy (including those designed to protect the United States and advance its interests and foster democracy, health and economic development in other countries) and assisting United States citizens abroad. With respect to immigration law, the Department of State, through U.S. embassies and consulates, processes immigrant and non-immigrant visa applications. Thus, a foreign national outside the United States will often have to apply to the State Department for a visa in order to enter the U.S. legally.

United States Embassies: Agencies operated by the United States Department of State in other countries that represent the United States government there. Embassies accept and visa applications.

U.S. Immigration and Customs Enforcement (ICE): An agency of the Department of Homeland Security (DHS) responsible for identifying and shutting down vulnerabilities in America’s border, economic, transportation and security infrastructure.

Violence Against Women Act (VAWA): Federal legislation that allows abused alien spouses of U.S. citizens to apply for a green card without assistance from the abuser. An abused foreign national spouse of a U.S. citizen can petition for a green card herself (or himself) by filing a Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360) with the Vermont Service Center. If USCIS approves the Form I-360, the alien spouse can then apply for a green card by filing an Application to Adjust Status (Form I-485) at the appropriate USCIS District Office.

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Visa: A stamp that a U.S. State Department employee places in the passport of an alien outside of the United States. Visas are either “immigrant or “non-immigrant.” Immigrant visas are issued to foreign nationals eligible to live in America permanently; these aliens will get a green card. Non-immigrant visas are given to those who will stay in the United States for a limited time.

Although this is a technical point, it is important to note that a visa does not allow the alien to enter the United States. Instead, it allows the alien to present himself or herself to a U.S. immigration officer and request entry into the U.S. in a particular classification, called a “status.” The immigration officer then decides whether to admit the alien, and if the alien has a non-immigrant visa, how long he or she can stay.

With the exception of most Canadians, foreign nationals entering the U.S. on non-immigrant visas are given a green or white card called an I-94 card.” The I-94 card is not a visa. It serves as evidence of legal entry into America and will carry a notation stating how long the alien may stay in the U.S. The notation on the I-94 card, not the period of the non-immigrant visa’s validity, determines how long the alien can remain in the United States on a particular trip.

Immigrant Visa: A type of visa given to an alien at a U.S. embassy or consulate outside the U.S. that qualifies the alien to present himself to a U.S. immigration officer and request entry into the United States in permanent residence status. Since U.S. embassies and consulates are operated by the United States Department of State, which can issues visas but not green cards, an alien that enters America on an immigrant visa will receive a green card from United States Citizenship and Immigration Services (USCIS) after entry.

Nonimmigrant Visa: A type of visa given to an alien at a U.S. embassy or consulate outside the U.S. that qualifies the alien to present himself to a U.S. immigration officer and request entry into the United States for a limited (though sometime undetermined but lengthy) period of time in a particular status. Each nonimmigrant visa has a descriptive name (“student,” “Intra-Company Transferee,” etc.) and alphanumeric designation (F-1, L-1A, etc.), and confers a particular status on the alien once inside the U.S. that has specific privileges, such as the right to study, work or vacation. Although engaging in an activity not allowed for by one’s status (such as by working without authorization while a student) is an immigration law violation that can have serious consequences, an alien that marries a U.S. citizen in most instances can get a green card despite the status violation. In contrast, an alien otherwise eligible for a green card through employment may be denied a green card for certain status violations.

Visa Processing: Processing an Immigrant Visa Application (i.e., a green card application) at a U.S. Embassy or Consulate.

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Visa Waiver Program (VWP): a program that allows nationals from certain countries to enter the U.S. without a visa as tourists for up to 90 days. Aliens entering the U.S. on the VWP generally are not allowed to extend their stay or change their statuses. However, because foreign nationals that enter the U.S. legally but overstay can apply for a green card upon marriage to an American citizen, foreign nationals that enter the U.S. pursuant to the VWP and then marry Americans can apply for a green card from inside the U.S. as long as they can demonstrate that they did not intend to marry when they entered.

Work Permit: The unofficial name of an Employment Authorization Document (EAD). Except for a few special circumstances, an alien is entitled to an EAD only when he or she has filed an Application to Adjust Status (Form I-485), which is the official name of a green card application processed inside the United States. In the case of marriage to a U.S. citizen where the husband and wife are inside the U.S., the alien spouse can apply for a work permit when the U.S. citizen spouse files the Alien Relative Petition (Form I-130) and the non-U.S. citizen spouse filed the Application to Adjust Status (Form I-485). Since marriage to a U.S. citizen allows for simultaneous filing of Forms I-130 and I-485, the non-U.S. citizen spouse can file the EAD application along with the Alien Relative Petition and Application for Adjustment of Status.

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