What is the process for obtaining a green card?
What is the process for obtaining a green card?
Obtaining a green card, also known as lawful permanent residency, is a multi-step process that allows an individual to live and work permanently in the United States. Here’s a comprehensive guide to help you understand the process:
Step 1: Determine Eligibility
Eligibility for a green card depends on various categories, such as:
- Family: Sponsored by a U.S. citizen or lawful permanent resident family member.
- Employment: Sponsored by an employer.
- Special Immigrant: Including religious workers, special immigrant juveniles, and others.
- Asylum or Refugee Status: Individuals who have been granted asylum or refugee status.
- Other Categories: Diversity lottery winners, victims of trafficking, crime, or abuse.
Step 2: File an Immigrant Petition
- Family-Based: Form I-130, Petition for Alien Relative, filed by a sponsoring family member.
- Employment-Based: Form I-140, Immigrant Petition for Alien Worker, filed by a sponsoring employer.
- Special Categories: Different forms are used based on specific eligibility criteria (e.g., Form I-360 for special immigrants).
Step 3: Wait for a Visa to Become Available
Based on your category, you might need to wait for a visa to become available. Immediate relatives of U.S. citizens have no wait time, while other categories might experience delays due to annual visa limits.
Step 4: Apply for a Green Card
- If in the U.S. (Adjustment of Status): File Form I-485, Application to Register Permanent Residence or Adjust Status.
- If Outside the U.S. (Consular Processing): Submit DS-260, Immigrant Visa Application, through the U.S. Department of State.
Step 5: Attend Biometrics Appointment
USCIS will schedule a biometrics appointment to collect fingerprints, photographs, and a signature.
Step 6: Attend an Interview
- Adjustment of Status: An interview at a USCIS office in the U.S.
- Consular Processing: An interview at a U.S. embassy or consulate in your home country.
Step 7: Receive a Decision
USCIS or the consular office will review your application and make a decision. If approved, you will receive your green card.
Why Contact an Attorney?
Navigating the green card process can be complex and challenging. An experienced immigration attorney can:
- Ensure Eligibility: Help determine the best category and ensure you meet the requirements.
- Accurate Documentation: Assist with completing and filing all necessary forms accurately.
- Handle Issues: Address any issues or delays that may arise during the process.
- Interview Preparation: Prepare you for your interview to increase the chances of approval.