Nicastro Piscopo, APLC | Louis M. Piscopo
Obtaining permanent residences (generally called a "Green Card") through a family member involves two steps. First, being petitioned by your family member. Second, applying for adjustment of status (if in the U.S. and eligible) or immigrant visa processing at the U.S. consulate in your home country. Not everyone is eligible to file for adjustment of status. Generally, a person must have legally entered the U.S., was admitted and inspected and is legal status to file adjustment. The two major exceptions are for spouses, parents and minor children of U.S. Citizen can be out of legal status and still adjust; and applicant's protected under INA Section 245(i) can also adjust. Since you entered the U.S. on an H2B visa you were admitted and inspected and are eligible to adjust your status if marrying a U.S. Citizen.
Answer Applies to: California