Obtaining permanent residency, or a Green Card is not simple. If you are considering immigrating to the United States, this document is essential since it will allow you to live and work legally. However, the immigration process can be full of legal requirements, making your application difficult. Having the guidance of expert immigration attorneys can make the difference between a successful application and a rejection.
At Ana Del Mar Morales Cotto Legal Group we have specialized immigration attorneys who will guide you at every stage to make your process successful. From selecting the best route for your application to submitting documents and interviews, we are ready to facilitate your immigration process in the U.S.
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What is a Green Card?
Before you think about moving to the United States, you should understand that there are certain requirements for you to be able to legally live and work there. One of the first steps is to apply for Permanent Residence or the Green Card. This document grants permanent residence to people who meet certain criteria established by the Immigration and Nationality Act (INA). Issued by the United States Citizenship and Immigration Service (USCIS), it grants a series of rights and benefits that vary depending on the status of the holder.
You should also understand that the Green Card not only provides job stability, but also opens the door to social and educational benefits that are available to permanent residents. In addition, it facilitates the path to obtaining US citizenship. However, one important fact: this card is not the same as citizenship. Unlike citizens, permanent residents must renew their Green Card periodically and may be subject to certain restrictions, such as the possibility of losing their status due to prolonged absences from the country.
If you have not yet started your process or want to understand where to start, we recommend contacting experienced attorneys in the area. At Ana Del Mar Morales Cotto Legal Group, we are dedicated to providing exceptional legal services in the areas of family immigration law, business immigration law, banking law, and regulatory matters.
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Who Qualifies for a Permanent Residency or Green Card?
To apply for a Green Card or permanent residency in the United States, you must submit your application to the appropriate immigration authorities. It is essential to have an attorney with experience in immigration cases, such as green cards, immigrant visas, naturalization, and U.S. citizenship, who can adequately represent you in these procedures. In addition, you must consider that you must qualify within one of the categories that allow you to process residency in the U.S. This depends on several factors:
Whether you are within the United States or if you are outside the United States.
- Citizenship status of a family member who could sponsor you.
- Application through an employer.
- Petition for refugee or asylee status.
If you are in the United States, the Green Card application may require an adjustment of status. If you reside outside the United States, it may involve a consular process.
Before starting the application process, there is a question we recommend you ask yourself:
Are you eligible to apply?
U.S. immigration laws offer several avenues to apply for a green card. Requirements vary depending on the immigrant category you apply for. To apply, you must be eligible under one of the following categories.
- Green Card through Family: Immediate relative of a U.S. citizen, spouse of a U.S. citizen, unmarried child under 21 years of age of a U.S. citizen, parent of a U.S. citizen who is at least 21 years of age, or other relative of a U.S. citizen or relative of a lawful permanent resident under family-based preference categories, among other categories.
- Green Card through Employment: First Preference Immigrant Worker (those with extraordinary ability in science, arts, education, business, or athletics, outstanding professor, researcher, multinational executive manager), Second Preference Immigrant Worker (profession requiring advanced degree), Third Preference Immigrant Worker, immigrant investor, among others.
- Green Card as a Special Immigrant: Religious worker for a non-profit organization, Special Immigrant Juvenile under court protection, National of Afghanistan or Iraq with ties to the U.S. government, International broadcaster on USAGM media, and Employee of an international organization or NATO, or family member of one.
- Green Card through refugee or asylee status: Asylee with a status granted at least 1 year ago and refugees admitted at least 1 year ago.
- Green Card for victims of human trafficking and crimes: Individual with a T visa as a victim of human trafficking and a U visa as a victim of a crime.
- Green Card for Victims of Abuse: Abused spouses of U.S. citizens or legal permanent residents.
In conclusion, there are various categories of eligibility, the most common being family sponsorship, job offers, or refugee or asylee status. The required documentation and waiting times vary depending on each case, which is why we recommend legal advice for your procedures.
Steps to Apply for a Green Card
The Green Card application process is made up of several essential steps. However, it may differ depending on whether you apply from abroad or from the United States.
For example, if you apply abroad, the steps through a U.S. Department of State consulate are known as consular processing:
- First, you must determine which category you might be eligible to apply for a Green Card.
- Know how to file your immigrant petition.
- Find out what forms and documents you need. Remember, this may include filling out Form I-485 (Adjustment of Status) or DS-260 (consular processing).
- Prepare for in-person appointments with the consular office.
- Estimate when you might receive your Green Card.
Ready to apply for your Green Card? Avoid being rejected and do it effectively with our attorneys! We can help you!
Benefits of a U.S. Green Card
Among the main benefits of having a Permanent Residence or Green Card is access to the American labor market. USCIS points out that permanent residents can perform any legal job without the need for additional permits. In addition, you will be able to start your own businesses and participate in entrepreneurial activities, which is not allowed for those with temporary work visas.
Obtaining permanent residence offers numerous advantages, including:
- Right to live and work legally in the U.S.
- Access to certain social and health benefits.
- Possibility of applying for citizenship after five years.
- Freedom to travel abroad with some restrictions.
Why You Need a Green Card Lawyer?
Given the tightening of immigration policies in the United States and the costs associated with these processes, having an immigration attorney becomes essential. Some reasons why you should hire a Green Card attorney:
- Avoid errors in the application: A single error could delay or prevent the approval of your Green Card.
- Strategic advice: A professional will determine the best category and documentation for your case or your family.
- Assistance in complex cases: If you have had a previous denial, an attorney can help you file an effective appeal.
- Interview preparation: Part of the application process is having an interview with the authorities. An attorney can guide you through the questions and requirements for the interview with USCIS.
- Update: Our professionals are up to date on the new immigration measures that you may be overlooking.
In conclusion, a specialized attorney helps you comply with the standards required by USCIS and ensures that your process is efficient and hassle-free. For more information or to schedule an appointment with our professionals, contact us.
Frequently Asked Questions About Green Cards
How Long Does It Take to Process a Green Card?
The processing time varies depending on the category and the number of applications at USCIS. For example:
- Immediate relatives of U.S. citizens: 6 to 8 months.
- U.S. citizens’ unmarried children over 21 years old: approximately 30 months.
- Spouses and children under 21 years old of permanent residents: 20 to 25 months.
- Unmarried children over 21 years old of permanent residents: 50 to 60 months.
Can I Lose My Green Card?
Yes, you may lose your permanent resident status if you stay outside the U.S. for an extended period or commit certain crimes. USCIS states that residency can be revoked and deportation proceedings initiated if the holder commits serious offenses, engages in immigration fraud, or remains outside the United States for prolonged periods without special permission.
How Long Do I Have to Renew My Permanent Resident Card?
You can start the renewal process six months before your card’s expiration date. If your card is not close to expiring yet, it is advisable to wait, as submitting your application too early may result in rejection.
What Should I Do If My Application Is Denied?
If your application is denied, you may appeal the decision or submit a new application with the necessary corrections. An immigration attorney from Ana del Mar Morales Cotto Legal Group can help you successfully obtain your Permanent Residence or Green Card.
The Green Card process can be challenging, but you don’t have to go through it alone. Our team of specialized immigration attorneys is ready to assist you every step of the way. Contact us now and start your journey toward permanent residency in the U.S.!