How to Apply for a US Green Card WITHOUT a Lawyer: 7 Tips
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Self-petitioning a green card application must be approached with every sense of caution and thoroughness. The chance to circumvent the labor certification and job offer requirements will subject your petition to higher scrutiny. This is why you need an immigration lawyer to help you process your application.
The first step to apply for green card is to have your sponsor – either a family member or employer petition on your behalf. For employment-based petitions, use Form I-140 (Immigrant Petition for Alien Worker).
Eligible non-citizens who arrived in the U.S. through a lawful entry (see below) may be able to apply for a green card through the so-called Adjustment of Status (“AOS”) process. Lawful entry means that a non-citizen entered the U.S. with valid documentation and met face-to-face with a U.S. immigration officer at an inspection point.
The ability to file your own green card petition is a rare advantage in the immigration world. You are not dependent on a family member or organization to gain permanent residence. Another advantage is that it saves time.
U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.
Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.
The simplest way to get a Green Card is through the Green Card Lottery. The U.S. Department of State gives away 55,000 Green Cards through the Diversity Visa Program every year.
How much does it cost to apply for a green card? The government filing fees for getting a family-based green card is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States.
There are also ways to get a green card without a US company sponsor. Two of these ways are: (1) the EB1A visa; and (2) the National Interest Waiver. Through both of these options, you do not need a job offer and you do not need a company to file an immigrant visa petition on your behalf.
While you can't petition for a friend's immigrant visa or Green Card (only family members can do that), you can financially sponsor a friend's immigration petition with Form I-864, Affidavit of Support.
$455. (see Special Instructions for exceptions). A biometric services fee of $85 may also be required.
In most cases, it takes about two years for a green card to become available, and the entire process takes around three years.
The bottom line is, the supply of visas often fails to meet the demand, and waiting lists develop in most visa-preference categories. The waits are especially long for people attempting to immigrate from China, Mexico, India, and the Philippines, due to the high demand from those countries.
Green Card Eligibility CategoriesSpouse of a U.S. citizen.Unmarried child under the age of 21 of a U.S. citizen.Parent of a U.S. citizen who is at least 21 years old.
The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.
Step 4. Green Card ArrivalApplicant Steps (in order)How longStep 1. Form I-130 Processing7-10 monthsStep 2. National Visa Center Processing3-5 monthsStep 3. Interview at U.S. Embassy or Consulate1-2 monthsStep 4. Green Card Arrival6 months after arrival in the U.S.
While US immigration attorneys cost $100 to $300 and more an hour, there are times when you will want to consult with an attorney. For example, if there is something in your situation which may make it hard for you to get approved by the USCIS, you will need to speak with a US immigration attorney.
As well, if your immigration petition is rejected or if the Department of Homeland Security or USCIS accuse you of doing something illegal, a US immigration attorney is very important; he or she can help you prove your innocence. Post navigation.
The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order ...
Lawyers' associations hold special meetings just to discuss the latest ways of contacting someone within the immigration bureaucracy when something like this goes wrong. (The government doesn't make it easy.) Without a lawyer's help, you might spend hours on hold waiting to talk to an immigration customer service officer, only to be told by someone who has no actual access to your file that your case is "pending."
As with any legal representation, there are fees to pay. But when you consider the time and headaches saved, it can be well worth it.
But when it comes to actually preparing the whole case yourself ... yes, some people have done it, and succeeded. If you really can't afford any other option, there are resources to help you, such as the articles found, and the books mentioned on, this site.
True, the more knowledgeable you are about the process you're about to undertake, and about the work you're paying the lawyer to perform, the better off you'll be.
All it takes is one past visa overstay, criminal conviction, serious health problem, or job loss to make a person " inadmissible ," thus requiring extra effort in convincing the immigration authorities to approve the application.
Most people who apply for a Green Card will need to complete at least two forms—an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.
If you already submitted a Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is pending with USCIS, go to our While Your Green Card Application Is Pending with USCIS page for more information on checking your case status, updating your address, and making appointments with USCIS.
Find the eligibility category that fits your immigration situation, research how to apply, and learn whether your family members can also apply with you.
Thinking about applying for a Green Card? Find out if you’re eligible, and get more information about living and working in the U.S. permanently.
We have some helpful information about updating your address, case processing times, case status updates, and travel.
For policy guidance on adjustment of status, see Volume 7: Adjustment of Status of the USCIS Policy Manual.
A Green Card (Permanent Resident Card): Gives you official immigration status in the United States. Entitles you to certain rights and responsibilities. Is required if you wish to naturalize as a U.S. Citizen. If you have questions about applying for, renewing, or replacing a Green Card, contact U.S. Citizenship and Immigration Services (USCIS).
without obtaining one, contact U.S. Citizenship and Immigration Services (USCIS) for assistance: United States: Call 1-800-375-5283; for TTY dial 1-800-767-1833. Abroad: Contact the nearest USCIS international office or a U.S. Embassy or consulate.
The process to get a document authenticated depends on the specific document, the state in which it was issued, and other factors. Check with your state’s document authentication agency. Also, visit the Authentications page from the Department of State (DOS).
There is no charge for registering. Keep your confirmation number in a safe place; you will need that number to check the status of your entry online. If you lose it, you can recover your confirmation number. For help, review the DV lottery instructions or watch a State Department video on how to submit an entry.
Your status determines who you can bring (sponsor) to live and work in the United States. If you are a U.S. citizen, you can sponsor: Your foreign spouse or future spouse. Your foreign children. Certain immediate relatives, such as parents or siblings.
Ask a real person any government-related question for free. They'll get you the answer or let you know where to find it.
An immigration attorney can help the employer and worker decide which visa best suits the employer's needs and the worker's qualifications. Similar issues might come up in family-based or other types of visa situations.
If the proceedings are not yet finished or are on appeal, your entire immigration situation is in the power of the courts— and you will not get anywhere trying to use the same application procedures as people who are not in proceedings.
Delays at the USCIS Service Centers are also far too common. Lawyers do not have a lot of power in such circumstances. But at least the lawyer might have access to inside inquiry lines, where they (and only they) can ask about delayed or problematic cases.
Do Not Sell My Personal Information. You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, ...
You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.
They have computer programs in which they can enter your information and spit out the forms in an instant. Hiring a lawyer can be well worth it for the peace of mind.
The people who staff USCIS phone and information services are not experts. USCIS takes no responsibility if their advice is wrong— and won't treat your application with any more sympathy. Even following the advice of officials higher up in the agency may not be safe. Always get a second, preferably lawyer's opinion.
An immigration pathway called Adjustment of Status allows "immediate relatives" of U.S. citizens to get a green card without leaving the country if they initially entered the country legally. You are eligible even if you are now in the country "illegally" (e.g. overstayed a visa) or have worked without authorization.
What if you aren't eligible for Adjustment of Status because you don't fall into one of the three "immediate relative" categories or because you did not enter the country legally? There still may be another option available to you, called Section 245 (i).
This will allow you to travel to the United States, and your physical green card will be mailed to your U.S. address within three to four weeks of your arrival.
Benefits of Self-Petitioning Green Card. The ability to file your own green card petition is a rare advantage in the immigration world. You are not dependent on a family member or organization to gain permanent residence. Another advantage is that it saves time.
The minimum required EB-5 capital is $900,000 for an investment in a targeted employment area (TEA) and $1.8 million in a high-employment area. The main requirement is for the capital to create or preserve a minimum of ten U.S. jobs.
To qualify for a National Interest Waiver, you must show that you have exceptional ability and your employment in the United States would be of benefit to the country.
Here at Immi-USA, we have seasoned green card attorney s with extensive experience helping individuals apply for various categories of immigrant visas. We have successfully helped many applicants process and acquire their green cards without sponsorship. We will help you prepare your petition and supporting documents as well as provide legal representation that will significantly boost your chances of approval. You can schedule a consultation with one of our green card attorneys today by filling out this consultation form.
Fortunately, the labor certification is not required for any of the above categories, meaning you have one less step to take in the green card process.
If you are in the United States under a nonimmigrant visa status at the time of your I-140 approval, you will have the option to file an I-485 to adjust from your current status to a permanent resident status. Once the USCIS approves your I-485, you will officially become a lawful permanent resident in the U.S.
You do not have to hire an immigration lawyer to apply for a Marriage Green Card. More than half of all marriage Green Card applications are filed by individuals who do not work with an attorney. You can definitely do it!
Green Cardholder? Congratulations! Now that you and your fiance have gotten married, it is time to start your new life together. Before you can make the U.S. your permanent residence, you will probably need to apply for a Marriage Green Card. This guide explains what a marriage Green Card is and how to get one.
To be eligible for a Green Card through marriage, you must show USCIS four things: