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Securing a green card can be challenging, but with and experienced green card lawyer such as Warren Law Firm, it becomes more manageable. Warren Law Firm has consistently supported individuals and families in their pursuit of the American dream. This detailed guide, authored by a seasoned green card lawyer, offers essential insights to help you confidently approach the green card application process.
A green card provides lawful permanent resident status in the United States. This legal immigration status allows an immigrant to live and work in the United States for the rest of their life. For many of our San Francisco immigration clients, obtaining a green card was their first step to obtaining citizenship in the United States. Green cards provide a deep feeling of security and significant benefits to their holders.
As a lawful permanent resident of the United States, you’ll have many of the same rights and responsibilities that U.S. citizens have.
In our Guide to Green Cards, we will discuss the most popular methods of obtaining a green card which include:
We will also answer questions like:
Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
One of the most common ways people obtain green cards is through family connections. The Immigration and Nationality Act allows citizens and lawful permanent residents to petition U.S. Citizenship and Immigration Services (USCIS) for the immigration of certain foreign family members. This is known as family-based immigration.
The petitioner of an immigrant visa is known as a sponsor, because they must demonstrate a willingness to take on financial responsibility for the beneficiary of the immigrant visa by signing an Affidavit of Support.
United States citizens are allowed to sponsor certain eligible family members without having to worry about a congressional cap on the number of visas available for them. These family members are known as “immediate relatives” for immigration purposes. These immediate relatives don’t have to wait for a spot to open for them; they can immigrate as soon as their petitions are approved. Other family members are subject to annual visa availability caps.
IR (Immediate Relative) Visas: These family-based immigrant visas are available to immediate relatives of U.S. citizens which are defined as:
Family-Based Preference Visas: U.S. citizens may also sponsor other family members, but Congress caps the number of entries it allows in these family-based preference categories each year. That means these family members must wait for their visa number to come up.
Qualifying family members of U.S. citizens are the following:
Lawful permanent residents can sponsor their spouses and unmarried children through family-based preference categories.
Family-Based Preference Visas: Green card holders have the right to petition USCIS for the immigrant visas of the following family members:
The second most common way to obtain a green card is through an employment-based green card petition. To learn more about getting a green card through a work opportunity, please check out our Guide to Employment-based Immigration.
There are green cards available for special immigrants such as:
If you fall into one of these special categories, an experienced immigration attorney can help you apply for a green card when you become eligible.
Some people are eligible for green cards through the national Diversity Visa Program. Each year, the Department of State publishes rules for entering the Diversity Visa Program, but foreign nationals from countries with low immigration rates in the United States are the beneficiaries each year. Immigrants are expected to have qualifying work experience or the equivalent to a high school diploma to qualify.
A green card is an official document that shows you’re a lawful permanent resident. That means you’re legally allowed to live and work anywhere in the United States. It’s also known as a “Permanent Resident Card.” The green card holder is a lawful permanent resident of the United States.
When you have a green card, you can:
You’re allowed to travel outside the U.S. when you have a green card, and brief or temporary trips aren’t likely to affect your permanent resident status. However, the key is that you continue to intend to make the United States your permanent home; otherwise, the U.S. government may find that you’ve abandoned your lawful permanent resident status and can revoke your green card.
In most cases, you can’t simply apply for a green card on your own (although there are exceptions, such as immigrant investors who invest in U.S. companies and a few others). Typically, a family member or a U.S. employer must act as your sponsor and petition USCIS on your behalf for your immigrant visa.
Sponsors have a few significant responsibilities, so experienced immigration attorneys will fully explain the expectations of a sponsor. An immigrant visa sponsor must be a U.S. citizen or lawful permanent resident who’s at least 21 years old. They must also verify that they have the income to either support the sponsored family member.
The primary forms used to petition for an immigrant visa depend on the relationship between the sponsor and the beneficiary.
Once an immigrant visa has been approved on your behalf and a visa is available, you become eligible to apply for your actual green card.
You must have a green card before you can apply to become a U.S. citizen. If you’re married to a U.S. citizen, you need to have a green card for at least three years (and remain married to the same spouse) to apply for citizenship. Most other people must hold a green card for at least five years before they can apply for citizenship. A green card isn’t the only requirement for U.S. citizenship, but it’s a necessary step toward becoming a naturalized United States citizen.
For most clients who obtain a green card, becoming a U.S. citizen is the next big goal in their immigration journey. To be eligible for U.S. citizenship through naturalization, you must apply for citizenship and go through the naturalization process. With few exceptions, you will only be eligible for citizenship if you:
Under certain circumstances, U.S. Citizenship and Immigration Services may make an exception to some of these requirements.
If you believe you are eligible for lawful permanent residency, you may want to work with a green card lawyer. Your lawyer can help you by answering your questions, explaining the process, filling out your paperwork, and submitting your forms and evidence for you. Your lawyer will also ensure that you have all the supporting documentation that USCIS needs to decide your case and act as a liaison between you and government agencies through the entire process.
The approval process for an immigrant visa can be exceedingly long, especially for visas in the Family-Preference categories. Your attorney can detail the expected wait time you may expect. The process will go more quickly and with fewer issues if you are completely upfront with your attorney. For example, if you suspect you may need your attorney to file an Application for Waiver of Grounds of Inadmissibility, it’s important to let them know as soon as possible.
Once USCIS approves the immigrant visa petition in your name or if you are in the U.S. on a special immigrant status, you must apply for your actual green card. This is done once a visa becomes available in your category through either the Adjustment of Status process or Consular Processing.
If you’re interested in obtaining a green card or sponsoring the immigrant visa petition of a family member or employee, you need a green card lawyer with a proven track record to guide you through the complexities of the Immigration and Nationality Act.
Immigration is one of the most challenging and rewarding steps a person can take. It requires commitment, determination, bravery, patience, and trust. It’s not always easy to trust when your employee’s or family member’s future is at state, but attorney Angela Warren of Warren Law Firm has earned the trust of immigrants across the San Francisco area and the entire United States.
Warren Law Firm is dedicated to advocating for family reunification and the right for everyone to pursue a legal immigration status in the United States. For over 20 years, Ms. Warren has demonstrated mastery of immigration law while guiding others through its complexities and evolving rules.
Put your trust in an attorney with a proven track record who has earned the trust of immigrants and businesses facing complex and life altering immigration issues. Request a consultation now.
