12. IF I AM CURRENTLY LIVING IN THE UNITED STATES WITH AN OUT-OF-STATE STATUS, I.E. HAVE A TEMPORARY GREEN CARD, CAN I STILL APPLY?

People with out-of-state status are not able to apply for permanent residency status while in the United States. When a foreigner has out-of-state status, the individual is only permitted to stay within United States boundaries for their allotted time. Visas must be valid when the foreigner needs to at the time of entry to the U.S. If the person desires and extension on the 1-94, they can use the Form 1-94.

For people 17 years or older with a temporary immigration status in the United states, a petition can be filed to attain a green card. An example of this is an immigration petition (through family or employment) or a labor certification during the benefit period 245(i) January 17, 1998 to April 30, 2001. The application to adjust status requires a $1,000 penalty. If the immigrant with temporary resident status is not one of the 245(i) cases, they have to return to their native country and apply through the U.S. Embassy. However, there is occasionally a time period in which the applicant whose temporary status expired is not permitted  to apply for another visa and entry to the U.S. 

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