Immigration & Visa Information

Immigration Status

Non-U.S. citizens may be considered for a residency reclassification after holding an eligible status for twelve months.

1. Lawful Permanent Resident

A lawful permanent resident, also known as "green card" holders, are non-citizens who are lawfully authorized to live permanently within the United States. If the green card was issued within the past 12 months, the receipt notice showing the I-485 was not rejected is also required. Learn More About Lawful Permanent Resident Status

2. I-485 Residency

A person who has filed an I-485 application for permanent residency and has been issued an I-485 fee/filing receipt or notice of action, I-797, by USCIS showing that the I-485 is being reviewed and has not been rejected. The I-485 receipt notice form needs to be dated within 12 months.

3. USCIS Classification

A person classified by the USCIS as a refugee, asylee, parolee, conditional permanent resident, or temporary resident. Students may be eligible for Texas residency once the classification has been approved and held for 12 months.

4. Temporary Protected Status

A person holding Temporary Protected Status, Spouses and Children with approved petitions under the Violence Against Women Act (VAWA), an applicant with an approved USCIS I-360, Special Agricultural Worker, and a person granted deferred action status by USCIS.

5. Cancellation of Removal & Adjustment of Status

A person who has filed an application for Cancellation of Removal and Adjustment of Status under Immigration Nationality Act 240A(b) or a Cancellation of Removal and Adjustment of Status under the Nicaraguan and Central American Relief Act (NACARA), Haitian Refugee Immigrant Fairness Act (HRIFA), or the Cuban Adjustment Act, and who has been issued a fee/filing receipt or Notice of Action by USCIS. 

6. United States Code 1259

A person who has filed for adjustment of status to that of a person admitted as a Permanent Resident under 8 United States Code 1255, or under the "registry" program (8 United States Code 1259), or the Special Immigrant Juvenile Program (8 USC 1101(a)(27)(J)) and has been issued a fee/filing receipt or Notice of Action by USCIS.

Visa Categories and Type

The following visas are eligible for consideration of a residency reclassification. 

 

Visa Type

Nonimmigrant (Temporary) Visa Categories 
A-1  Ambassadors, public ministers or career diplomats and their immediate family members
A-2 Other accredited officials or employees and their immediate family members
A-3 Personal attendants, servants or employees and their immediate family members of A-1 and A-2 visa holders
E-1 Treaty traders, spouse and children
E-2  Treaty investors, spouse and children
G-1 Principal resident representative of recognized foreign member government to international organization, and members of immediate family
G-2 Other accredited representatives of recognized foreign member governments to international organization and their immediate family members
G-3 Representatives of non-recognized or nonmember government to international organization, and members of immediate family
G-4 International organization officer or employee, and their immediate family members
G-5 Attendants, servants and personal employees of G-1, G-2, G-3 or G-4 visa holders and their immediate family members
H-1B Specialty Occupations, DOD workers, fashion models
H-4 Spouse or child of H-1B holder only
I Visas for foreign media representatives
K-1 Fiancé(e)
K-2 Minor child of K-1
K-3 Spouse of a U.S. citizen (LIFE Act)
K-4 Child of a K-3 (LIFE Act)
L1-A Executive, managerial
L1-B Specialized knowledge
L-2 Spouse or child of L-1
N-8 Parent of alien classified as SK-3 "Special Immigrant"
N-9 Child of N-8, SK-1, SK-2, or SK-4 "Special Immigrant"
NATO 1 Principal Permanent Representative of Member State to NATO and resident members of official staff or immediate family
NATO 2 Other representatives of Member State; Dependents of Member of a Force entering in accordance with the provisions of NATO Status-of-Forces agreement; Members of such a Force if issued visas
NATO 3 Official clerical staff accompanying Representative of Member State to NATO or immediate member
NATO 4 Official of NATO other than those qualified as NATO-1 and immediate family
NATO 5 Expert other than NATO officials qualified under NATO-4, employed on behalf of NATO and immediate family
NATO 6 Members of civilian component who is either accompanying a Force entering in accordance with the provisions of the NATO Status-of-Forces agreement; attached to an Allied headquarters under the protocol on the Status of International Military headquarters set up pursuant to the North Atlantic Treaty; and their dependents
NATO 7 Attendants, servants or personal employees of NATO-1, NATO-2, NATO-3, NATO-4, NATO-5 or NATO-6, or immediate
O-1 Extraordinary ability in the sciences, arts, education, business, athletics
O-3 Immediate family members of O-1 holders only
R-1 Religious workers
R-2 Spouse or child of R-1
T-1 Victim of a severe form of trafficking in persons
T-2 Spouse of a T-1
T-3 Child of a T-1
T-4  Parent of a T-1 visa holder (if the child is under 21 years of age
TPS Temporary Protected Status
U-1 Victim of certain criminal activity 
U-2 Spouse of a U-1
U-3 Child of a U-1
U-4 Parent of a U-1 visa holder (if the child is under 21 years of age) 
V-1 Spouse of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years
V-2 Child of Legal Permanent Resident (LPR) who is the principal beneficiary of a family-based petition (I-130) which was filed prior to December 21, 2000, and has been pending for at least three years
V-3 Derivative child of a V-1 or V-2 visa holder