When you obtain a green card, you can legally live and work in the United States. Although you do not have the same rights as a United States citizen, you can remain in the country, and you are not subject to deportation unless certain circumstances apply. Obtaining a green card can be a complex and detailed process that takes time. Further, any errors can cause delays or even denials.
You should consider hiring an immigration lawyer to assist you with the entire immigration process and when certain special circumstances arise, such as when the government is trying to remove you from the United States entirely.
When Can I Obtain a Green Card?
To obtain a green card, you must show that you meet one of several categories. They are as follows:
- You have a familial relationship with a United States citizen (there are different categories of green cards based on relationship)
- You fall into certain categories of employment (such as an H1-B visa, or you have a special skill or talent)
- You meet one of a number of special immigrant statuses
- You are a refuge, or you qualify for asylum
- You are a human trafficking or crime victim
- You are a victim of abuse
- You meet one of several other special green card categories
When you apply for a green card, you must either show that you meet one of the categories or you must be sponsored by someone else (such as your employer)
What Does it Mean to Have a Green Card?
When you obtain a green card, you are a lawful permanent resident of the United States. Your green card will be valid for ten years unless you are a conditional permanent resident. You are eligible to both live and work in the United States. You are obligated to pay taxes, just like any other citizen, but you cannot do things like vote.
How Can I Apply for a Green Card?
How you apply for a green card depends on the category for which you are trying to qualify. You may apply for a green card on your own by filling out the following:
- An immigrant petition
- The Form I-485
There may be other forms that others must fill out on your behalf if they are sponsoring you for the green card. They need to make the case that you are qualified for one of the special categories.
You may even apply for a green card when you are outside the United States. Instead of attending an interview with a U.S. immigration officer here in the country, you would attend an appointment at the United States consulate or embassy located abroad.
When Can I Be Removed from the United States?
When you are a green card holder, you do not have an unlimited right to remain in the United States. The Department of Homeland Security can initiate removal proceedings by filing a Notice to Appear with the immigration court and serving it on you. You must engage in the process and fight the removal when that occurs. Otherwise, you can be deported from the country:
You may be subject to removal under certain circumstances, including:
- Exiting the United States for an extended period of time and trying to reenter the country
- Violating the terms of your green card
- You have failed to remove conditions from your green card in the allotted amount of time
- Remaining in the United States after your green card has expired
- You have committed a violent crime or one that involved moral turpitude
The latter category is perhaps the most common reason why DHS might institute removal proceedings. You can be subject to removal if you have been convicted or pled guilty to a crime. A crime of moral turpitude can be interpreted very broadly by immigration officials. Under federal regulations, the term is interpreted as “fraud, larceny, and intent to harm persons or things.” You may have to argue why any criminal offense was not a crime of moral turpitude.
However, you are also legally entitled to due process before you can be removed from the United States. You want proper legal representation by an immigration attorney to protect this right. This process includes a hearing, where your immigration lawyer can present evidence showing why you should not be subject to removal. If you do not prevail at the hearing, you may take your case to federal court, where a judge will review it.
How an Immigration Attorney Can Help You
It can be very competitive and difficult to get a green card. A limited number of green cards are available for each category. You can assume that many others are applying for the same green card that you or a family member wants. Therefore, your paperwork must be as flawless as possible. Any errors can result in delays or your petition being rejected altogether. Your petition must make the case that you fall into one of the categories. An immigration lawyer can prepare your application so it does not contain any errors. They can also advise you about the process and prepare you for any interviews.
You certainly need an immigration attorney if you learn that DHS has initiated removal proceedings. Your immigration lawyer can present a case showing why you should not be removed from the United States. Your immigration lawyer can explore all legal options and remedies to fight on your behalf and give you a better chance of remaining in the United States.
Businesses may also need an immigration lawyer to help them. Many companies depend on bringing in skilled and talented workers to the United States. They may not have access to the workers they need domestically. You may need assistance in completing green card applications and advising you about how the process works.
No matter where you are in the green card application process, you can always benefit from the right legal counsel from an experienced immigration attorney. Never hesitate to consult a law firm near you.