Adjusting Status to Lawful Permanent Resident for A and G Visa Holders

For individuals holding A (diplomatic) or G (international organization) visas in Washington, D.C., the path to lawful permanent residency (LPR) through adjustment of status (AOS) involves unique challenges and requirements due to the diplomatic or nonimmigrant nature of these visas. This article outlines the key steps, considerations, and challenges for A and G visa holders seeking to adjust to LPR status, typically through marriage to a U.S. citizen, though other pathways like employment-based petitions may also apply.

Understanding A and G Visas

A visas are issued to diplomats, government officials, and their families, while G visas are for employees of international organizations and their dependents. Both are nonimmigrant visas, meaning they are intended for temporary U.S. stays and come with privileges such as tax exemptions or, in some cases, diplomatic immunity. These privileges complicate the transition to LPR status, as U.S. Citizenship and Immigration Services (USCIS) requires A and G visa holders to waive certain rights before adjusting status. The process varies depending on the visa type, role, and immunity status.

Step 1: Confirm Eligibility and Visa Status

The first step is determining eligibility for AOS. The most common pathway for A and G visa holders is through marriage to a U.S. citizen, which allows concurrent filing of Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status). Other options, such as employment-based petitions (e.g., EB-1 or EB-2 National Interest Waiver), may apply for those with extraordinary abilities or critical roles. For A visa holders, eligibility may also include special provisions for long-term diplomats (e.g., 15+ years of service) under Section 13 of the Immigration and Nationality Act, requiring Form I-360.

A critical factor is the visa holder’s diplomatic immunity status. A-1 and A-2 visa holders (ambassadors, high-ranking officials, or their staff) often have full diplomatic immunity, while some G visa holders, like G-4 employees of international organizations, may have limited privileges (e.g., tax exemptions on salaries) without full immunity. Confirming immunity status is essential, as it dictates additional procedural steps.

Step 2: Address Diplomatic Immunity and Privileges

For those with full diplomatic immunity (common among A-1/A-2 holders), a waiver from the U.S. Department of State is required before pursuing LPR status. The visa holder’s employer (e.g., embassy or international organization) must submit this waiver request, which can take 4 to 12 weeks. Without this waiver, USCIS will not process the AOS application, as diplomatic immunity conflicts with permanent residency intent.

Both A and G visa holders, regardless of immunity status, must file Form I-508 (Request to Waive Certain Rights, Privileges, Exemptions, and Immunities) with USCIS to relinquish visa-related privileges, such as tax exemptions. Additionally, Form I-566 is required to notify the Department of State of the status change. These forms, which carry no additional filing fees, must be filed concurrently with the I-485 and other AOS documents. For G-4 holders without full immunity, the absence of a Department of State waiver simplifies the process, but the I-508 and I-566 are still mandatory.

Step 3: Gather Documentation and Evidence

AOS applications for A and G visa holders require robust documentation to prove eligibility and, in marriage-based cases, a bona fide relationship. Key documents include:

• Marriage-Based Cases: Marriage certificate, proof of cohabitation (e.g., joint leases, utility bills), joint financial records (e.g., bank accounts, insurance), photos, and affidavits from friends or family attesting to the relationship. Recent marriages or limited cohabitation may trigger a Request for Evidence (RFE), so extensive evidence is critical.
• Employment-Based Cases: Evidence of extraordinary ability or national interest (e.g., awards, publications, recommendation letters).
• Medical Examination: A completed Form I-693 from a USCIS-approved physician, which must be included at filing.
• Visa Status Documents: Proof of current A or G visa status and employment history with the embassy or international organization.

Conclusion

The adjustment of status process for A and G visa holders is a nuanced pathway that demands careful preparation, especially due to the need to waive certain diplomatic privileges. With the right legal guidance and thorough documentation, transitioning from a diplomatic or international organization role to permanent residency in the U.S. is not only possible—it can be achieved with confidence and clarity.