For the immediate relatives of a U.S. citizen, obtaining a green card may be a fairly straight forward process. In fact, a lawyer may not even be necessary. For all others, the process gets complicated. But it may be a viable path to legal status.
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).
Due to the complexities and severe consequences involved in applying for a green card with unauthorized employment on one's record, it is highly recommended that you contact an immigration attorney before applying.
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.
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.
An attorney or a DOJ-accredited representative can represent you before USCIS. Your legal representative must file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with the related application, petition or appeal.
Do I need a lawyer to apply for U.S. citizenship? No. You can file USCIS forms yourself, including Form N-400, Application for Naturalization, which can be submitted online.
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.
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You can authorize your tax preparer, a friend, a family member, or any other person you choose as a third party designee.
If you need help with an immigration issue, you can use the services of a licensed immigration attorney or accredited representative of a Board of Immigration Appeals recognized organization.
In general, any person or entity who prepares for compensation, or who employs one or more persons to prepare for compensation, all or a substantial portion of any tax return or any claim for refund is a preparer.
One of the benefits of having a lawyer at a citizenship interview is that we are allowed to ask for clarification. If you are ever confused by one of the questions the USCIS officer asks, your attorney can communicate the issue with the question.
5 yearsYour tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years (3 years if you are married to a U.S. citizen).
The simple answer, of course, is that it is impossible to know whether USCIS knows if an applicant for a green card or for naturalization is lying to them. The safe assumption is that they DO know everything about you and that, if you lie in the interview, you will be caught.
If you already have a Green Card, go to our After a Green Card is Granted page for more information on travel, renewing a card, and your rights and responsibilities as a Green Card holder .
Before starting the application process, there are two questions that you should answer first: 1. Are you eligible to apply? U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements may vary depending on the immigrant category you are applying under.
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.
Someone usually must file an immigrant petition for you (often referred to as sponsoring or petitioning for you). In some cases, you may be eligible to file for yourself. After USCIS approves the immigrant petition, and there is a visa available in your category, you file either a Green Card application with USCIS or a visa application with ...
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.
EB-1A green card self-petitioning applicants are required to have proof of significant achievements and contributions that are of national or international standard and duly recognized by other experts in their fields. This must be proven through evidentiary criteria.
EB-5 Immigrant Investor Green Card . The EB-5 visa classification is another green card option that can be self-sponsored. Created by Congress in 1990 to boost the nation’s economy, the program has helped many foreign nationals who are willing and able to invest in the United States economy.
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.
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.
Applying for a green card from outside of the US. If you’re applying from outside the US, you’ll go through the process of “ Consular Processing ”. Simply, your application is processed through the US embassy or consulate in your country. Full copy of your Consular Processing application package.
The green card interview is the last step in the green card application process. When it happens depends on your situation, but the USCIS will send you the date, location and time of your interview. ².
But with a little preparation, your chances of acing them are much higher. In the process of getting a green card, one of the last steps is the green card interview. This is done to make sure the information you provided in your application is true. If you’re in the process of getting your green card, then read along as we cover ...
The purpose of the green card -also known as the Adjustment of Status (AOS)- interview is to confirm that what you included in your application is true. It also gives you the chance to amend any parts of your application that have changed since you filed it, for example, a new employer or different address. Âą.
If you’re already in the US, then the interviewing officer will be a USCIS immigration officer at a USCIS centre. If you’re applying from outside the US, then it’ll be with a consular officer at the US embassy or consulate of your country.
For marriage-based green cards, original copies of all documents showing your marriage is genuine, such as marriage certificates, birth certificates of your children, and joint-finance statements ².
Generally speaking, almost everyone will have to do a green card interview. But there are some instances in which the USCIS will waive an interview, such as if you’re obviously ineligible for a green card or if you’re the parent of a US citizen. Basically, if the USCIS thinks an interview is unnecessary, they can waive it.
When you apply for a green card in the United States, you are required to disclose all employment you have engaged in during the last five years. This includes unauthorized employment. Failure to disclose information on your application is considered a willful misrepresentation and can result in a finding of inadmissibility ...
All unauthorized employment will count towards your green card application. If it has been more than five years since you entered the United States and engaged in unlawful employment, this will still be held against you.
Working without authorization in the United States is a violation of your nonimmigrant status and can result in your application being denied by U.S. Citizenship and Immigration Services (USCIS). In some situation, it can even result in the issuance of a Notice to Appear (NTA), placing you into removal (deportation) proceedings.
If you have worked in the United States without legal authorization, it is critical to be aware of the consequences such action could have on an application for a green card (U.S. lawful permanent residence). Working without authorization in the United States is a violation of your nonimmigrant status and can result in your application being denied ...
For the majority of foreign nationals, there are two main options for seeking a green card: family-based and employment-based. For individuals that do not have a U.S. citizen or Legal Permanent Resident immediate family member, family-based options are either impossible or come with a years-long wait. Employment-based options can be further ...
It is equally important to plan ahead, understanding any time limitations of temporary visas and allowing for the inevitable delays of the green card process.
The USCIS mostly focuses on prior results as indication of the future probability of success. For researchers, USCIS looks whether their prior work served as “impetus for the progress in the field” or generated “substantial positive discourse in the broader academic community”.
The lottery generally runs from October to December, and instructions are posted online.
If an individual qualifies for permanent residence, his or her spouse and children may obtain their green cards on the same basis. Therefore a married couple should consider all possible options for both individuals, and determine the most direct route to a green card for all. There are many categories not discussed in this article that may be options for your spouse, including a special category for nurses and physical therapists, multi-national managers, investors, Special Handling for college teachers, and PERM Labor Certification.
The EB1-1 category requires no employer sponsorship (though such a petition may be sponsored by an employer) and does not require a Labor Certification to show that there are no minimally qualified U.S. workers for the job.
Many employers have limits as to who and when they will sponsor for permanent residence. They may only provide sponsorship for certain positions, or employees who will be in a position for more than a specified length of time. Alternatively, an employer may have a “waiting period” in which employees are not eligible for sponsorship ...
If you are currently in the United States, in order to be eligible for a Green Card as an immediate relative, you must meet the following requirements: Inspected and Admitted or Inspected and Paroled.
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.
If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. This is called “adjustment of status.”.
Family Members. If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. Employment Authorization and Advance Parole Documents.
In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you:
After your priority date is current, you can submit your I-485, which will take around six months to process.
This requires the employer to certify that a job opening is available in a specified professional field, that the job is also available to US workers, that a foreign worker is needed, and that the pay for the job is at a prevailing industry rate.
If you are required to get a PERM Labor Certification, then that could take anywhere from eight months to two years depending on whether or not your employer is audited after the recruitment process.
This means that as soon as you can proceed to the final step, it is in your interest to do so if you do not want to experience delays in the EB-2 processing time. When applicants are allowed to proceed to the final step they may follow one of two different procedures.
When an employer wants to sponsor a foreign worker for a green card, the employer must go through a “labor certification” process. It is a process in which the U.S. employer shows that it tried to hire a U.S. worker for a particular job, and it could not find an adequate U.S. worker willing and able to take on the work.
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While there is no hard evidence to show that USCIS will favor employment-based applications in deciding to waive the interview requirement, our best guess is that it will be harder for family-based cases to be approved without an interview.
Second, with family-based green card applications (such as a green card based on marriage), it is much harder for USCIS to determine whether there is any fraud if it does not conduct an in-person interview. While there is no hard evidence to show that USCIS will favor employment-based applications in deciding to waive the interview requirement, ...
The reason for that is twofold. First, the adjustment of status interview has not always been a requirement of employment-based green card applications. There was a time when USCIS did not normally ask for an adjustment of status interview for employment-based green card applications. Accordingly, USCIS may find that it is more effective ...
2. Remember, Waiving the Interview is Not Official USCIS Policy. It is important to remember that even though we are seeing USCIS approve some adjustment of status applications without an interview, this is not an official USCIS policy. Rather, this development is something that we have observed on some cases.
Typically, when you seek an adjustment of status, USCIS requires you to attend an adjustment of status interview. This requirement is for both family-based and employment-based green cards. During the interview, a USCIS officer will ask you various questions to assess your case. Following a successful interview, you will then get your green card.