The individual must be immediately eligible to receive a green card which means that the U.S. Department of State’s Visa Bulletin must be consulted. The Visa Bulletin is released monthly and controls immigrant visa availability for family-based, employment-based and diversity lottery categories. For further discussion on this topic, please refer to the Green Card Quota Backlog FAQ. The individual must have also entered the U.S. legally and must be physically present in the U.S. at the time the application is filed with the USCIS. Additionally, the individual must be admissible to the U.S. or, if there is an admissibility issue, be eligible to apply a waiver.