Immigration

Individuals concerned with US Immigration Law and Immigration to the US as related to Green Cards typically ask the following questions: What is a Green Card? What is a Green Card For? How do you get a Green Card? How can I get a Green Card? What is the Green Card Application Process? These questions and several more will be addressed below.

WHAT IS A GREEN CARD?
A Green Card is essentially your ticket to living the American Dream. While a Green Card DOES NOT qualify you as a U. S. citizen, it brings you one step closer to becoming one. A Green Card is US Government-issued Permanent Resident Card. Your Green Card will be proof of your legal status in the US. In other words, a Green Card is valid proof of your legal US permanent resident status.

WHAT IS A GREEN CARD FOR?
A Green Card is for several things. Primarily, a Green Card allows you to live and work in the US, and travel in and out of the US–subject to certain exceptions. A few of the benefits of a Green Card are listed below:
-Live and work permanently anywhere in the US
-Apply to become a US citizen once eligible
-Request visas for your husband or wife or unmarried children to live in the US
-Get Social Security, Supplemental Security Income, and Medicare benefits, if eligible
-Own property in the US
-Apply for a driver’s license
-Attend public school and college

HOW TO GET A GREEN CARD?
Obtaining a Green Card comes as a result of an arguably arduous process. While an individual could accomplish the task without assistance or advice, there are lots of legal nuances that make obtaining and maintaining a Green Card a job best left to experienced professionals. Making a mistake on your application could ruin your chances of ever receiving one. This is where the immigration attorneys and green card lawyers at our Law Firm can help. Some organizations hold themselves out as competent immigration consultants, experts, or even specialists. Others consider you nothing more than a paycheck. These are not principles of the immigration lawyers and green card attorneys at our Law Firm. We are here to make this process as easy, quick, and strain-free as possible. We do this because we come from immigrant backgrounds. We want to help you live the American Dream better than those who helped us. Nonetheless, you can obtain a Green Card in any of several ways as long you qualify. For example, you could obtain a:
-Green Card Through Family
-Green Card From Marriage/Visa From Marriage
-Green Card Through Work/Visa Through Work
-Special Immigrant Green Card
-Entrepreneur Immigrant Green Card
-Green Card Through Asylum and Refugee Status
-Green Card Through Diversity Visa Lottery
-Green Card Through Amnesty Proceedings

WHAT IS THE GREEN CARD APPLICATION PROCESS?
As stated, the Green Card Application Process can be quite overwhelming and frustrating if you do not understand how things work. However, this is where we come into the picture. Our immigration attorneys pride themselves on carefully preparing and presenting your application to make the Green Card Process as burdenless on you as possible. Feel free to contact us with all of your Green Card questions. Nonetheless, here is a general summary of the permanent resident application process. The application process is lengthy and complex.

If seeking to obtain a Green Card through an employer, you will not be doing much work. Rather, you will wait while the employer completes the necessary steps. For example, the employer will have to complete a prevailing wage request and receive a prevailing wage determination from the US Labor Department. The prevailing wage determination informs the employer of the wages normally paid to individuals in similar jobs. Then, your employer will need to attempt to hire an American worker for the same position. Assuming that hiring fails, the employer will then file a labor certification on your behalf. Whether you are seeking a Green Card through employment or through family, be prepared to wait a little longer.

Step two for an employment-based Green Card/Step one for a family-based green card is for either your employer or US family member to complete a Visa Petition on your behalf. This Visa Petition is called Form I-140 for employers and Form I-130 for families. Not every Green Card applicant is given priority when applying. In other words, depending on the category under which you apply, you might need to wait until the people who filed before you have received their Green Cards. This is commonly referred to as an applicant’s “priority date.

Now comes the time when you fill out your respective application forms and gather the necessary various documents. Depending on the circumstances, you will follow the procedures related to consular processing or adjustment of status, minus the steps already discussed above. Also depending on the circumstances, you–and possibly your family member–will need to attend an interview either at the US consulate in your native country or the designated USCIS office. During this interview, you will be asked questions and your application will be reviewed.

Next is the moment where you cry tears of joy or sadness; we always hope for tears of joy. If everything goes accordingly and depending on the circumstances, you will receive either a visa to enter the US or a letter of approval. If things go amiss, you will receive a letter of denial with an explanation stating why your application was denied. If you have any Green Card questions, please do not hesitate to contact our experienced immigration attorneys. As stated, the Green Card application process is not a simple task and, in our experience, is best left to competent professionals with a substantial understanding of the laws and bureaucracy concerning US immigration law such as our staff. Best of luck. We wish you the best, as we always have and always will.

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The Immigration and Nationality Act (INA) is the governing law that allows for you to change your status from temporary to permanent. The INA provides two primary paths for foreign nationals to obtain green cards. One path is adjustment of status, while the other is consular processing. While the INA furnishes you with several specific ways to obtain permanent resident status in the United States, the procedures are different for a person who is eligible in the United States and a person either ineligibly in the United States or outside of the United States.

For those eligible in the United States, “adjustment of status” is the proper procedure. For those either ineligibly in the United States or those outside of the United States, “consular processing” is that proper procedure. The following material will be a brief description of the steps to complete consular processing. For specific ways to obtain permanent residence, continue searching this website or contact us to discuss the circumstances concerning your case.

Determine Your Basis to Immigrate
As stated before, there are several ways to obtain permanent resident status. However, the important question when starting your path toward permanent residence is “which specific immigrant category best fits my situation? ” For example, are you petitioning through a family member? Could you get your green through first obtaining refugee or asylum status?

File the Immigration Petition
After learning which immigrant category you best fit into, more often than not, an immigrant petition must then be filed on your behalf. Because immigrant categories have varying forms and procedures, specific categories will not be addressed here. For more information, contact us to discuss the circumstances concerning your case.

USCIS Makes a Decision on Your Petition
The USCIS will notify you of its decision after it reviews your petition. If denied, USCIS will provide you with reasons for the denial and any rights to appeal. If, on the other hand, the petition is approved, USCIS will send your approved petition to the National Visa Center (NVC).

Notice from the National Visa Center
The NVC will notify you when it receives your petition from USCIS. NVC will also contact you if you are required to pay processing fees or if it requires additional documents from you. Prior to receiving your green card, NVC will notify you when an immigrant visa number is about to become available.

Interview
Before you are issued a green card, the consular office will schedule you for an interview. Following this interview, the consular office will decide if you are eligible for an immigrant visa.

Your Visa Packet
After you are granted your immigrant visa, the consular office will provide you with a packet of information known as the “visa packet. ” The visa packet should remain closed until you arrive in the United States. Upon arrival, you should give your visa packet to the customs officer.

GREEN CARD
After you have been admitted into the United States, you will have the authority to live and work in the U. S. permanently. Following admission, you will be mailed your green card generally within 30 days.

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The Immigration and Nationality Act (INA) is the governing law that allows for you to change your status from temporary to permanent. The INA provides two primary paths for foreign nationals to obtain green cards. One path is consular processing, while the other is the adjustment of status. While the INA furnishes you with several specific ways to obtain permanent resident status in the United States, the procedures are different for a person who is eligible in the United States and a person either ineligible in the United States or outside of the United States. For those eligible in the United States, “adjustment of status” is the proper procedure. For those either ineligibly in the United States or those outside of the United States, “consular processing” is that proper procedure.

The following material will be a brief description of the steps to complete adjustment of status. For specific ways to obtain permanent residence, continue searching this website or contact us to discuss the circumstances concerning your case.

Determine Your Basis to Immigrate
As stated before, there are several ways to obtain permanent resident status. However, the important question when starting your path toward permanent residence is “which specific immigrant category best fits my situation? ” For example, are you petitioning through a family member or employer? Are you intending on first obtaining refugee or asylum status?

File the Immigration Petition
After learning which immigrant category you best fit into, more often than not, an immigrant petition must then be filed on your behalf. Because immigrant categories have varying forms and procedures, specific categories will not be addressed here. However, it is worth mentioning that depending on which category you choose to adjust under, you may qualify to file your petition at the same time you file your Application to Register Permanent Residence or Adjust Status, Form I-485; this is commonly referred to as “concurrent filing. ” For more information, continue searching this website or contact us to discuss the circumstances concerning your case.

Check Visa Availability
Assuming you do not qualify for concurrent filing, you may not file your Form I-485 until an immigrant visa is available in your category. In other words, you may properly file your Form I-485 once a visa becomes available to you.

File the Application to Register Permanent Residency or Adjust Status Form I-485
Regardless of whether you are allowed to file your Immigration Petition concurrently or not, you must apply for permanent residence on Form I-485 in a timely manner. It is important to note that some immigrant categories may require a form different from Form I-485. Moreover, it is important that the proper documentation and evidence be provided along with your pertinent form. For more information, contact us to discuss the circumstances concerning your case.

Biometrics Collection
After the aforementioned processes, you will be notified by U. S. Citizenship and Immigration Service (USCIS) to appear at an Application Support Center. While at this center, you will usually have your picture and your fingerprints taken along with providing your signature. The biometrics collection process if for the purpose of conducting required security checks and the creation of a green card, work permit, or advanced parole document.

Possible Interview
Depending on your case, you may be notified by USCIS to appear for an interview. Not all applicants require an interview. If you have been notified of an interview, it is extremely important that you attend. Interview circumstances and requirements are not uniform throughout all immigrant categories. For more information, contact us to discuss your case.

FINAL DECISION
After all the necessary procedures have been completed, USCIS will provide you with a written decision ultimately stating approval or denial.

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