Immigrant visas allow you to remain in the United States for only a certain amount of time, and they are not always renewable. Depending on your visa category, you may not even be allowed to work while living in the United States. If you already have a visa, you may decide to apply for permanent residency in the United States.
Based on our immigration laws, many people might qualify for a green card, but there are also strict caps on the number immigration authorities may issue each year. Thus, you should consult an immigration lawyer to understand what to expect, the process you may be facing, and to get help with the immigration process.
Certain categories of immigrants can obtain visas that lead to lawful permanent residency. This will allow individuals to work in this country, and they can eventually apply to become a citizen.
How One Can Obtain Lawful Permanent Residence in the United States
In general, there are two ways that an immigrant can achieve lawful permanent resident status in the United States:
- Those who are applying from abroad can file an application for lawful permanent resident status at a United States Consulate
- Those already in this country on certain types of immigrant visas can seek an adjustment of status that gives them a green card if approved
Family-Based Green Cards
Family-based immigration leads to the highest number of immigrant visas. Some immediate relatives of existing United States citizens may apply for permanent residency in the United States on this basis. There are no numerical caps that apply to this category of residency. In fact, over 40 percent of new green cards given each year are to immediate relatives of citizens.
The following categories of immediate relatives may apply for lawful permanent residency in the United States:
- Spouses,
- Children (unmarried and under age 21),
- Parents of U.S. citizens who are age 21 and over
- Certain widows or widowers of U.S. citizens
There is another category of possible green cards that covers other family members. This category is called family preference. This category typically includes adult children of United States citizens. It may also include siblings who are over the age of 21. Family preference green cards are capped at around 226,000 each year (the amount partially depends on the prior year’s immigration totals). Accordingly, they can be much harder to obtain, and you should definitely have an immigration lawyer helping with the application process.
Employment-Based Visas
Several categories of employment-based visas can eventually allow the holder to apply for lawful permanent resident status in the United States. The public policy is that the country is better off when employers can bring in qualified workers from abroad because they can fill important roles in the labor market. United States companies may have a special need for these types of workers. The categories of workers who may apply for an employment-based visa include:
- EB-1 priority workers
- EB-2 professionals with advanced degrees or persons of exceptional ability; •
- EB-3 skilled workers, professionals, and unskilled workers
- EB-4 “special” immigrants (e.g., special immigrant juveniles, ministers of religion, religious workers, employees of the U.S. Government abroad)
- EB-5 immigrant investors
In some cases, an employer must sponsor you for one of these types of visas. In other cases, you may self-petition. The number of employment-based visas is tightly capped, so it may be very competitive to land one of these visas. Regardless, you must ensure you present evidence that you meet the criteria of one of the categories. An immigration attorney can put your strongest case forward to the USCIS.
When Can You Apply for a Green Card?
If you are already legally in the United States on a visa, you may apply for lawful permanent resident status if you meet one of the existing categories. For example, you might apply for a green card if you already have an employment-based visa. You may also apply for a green card through family or as one with refugee or asylum status.
Typically, you already need an approved immigrant petition before you can file an application for a green card. There are some limited cases where you might file a concurrent application for both a visa and a green card. Your immigration law attorney can advise you about the options for your particular circumstances.
How an Immigration Law Attorney Can Help You
There are very high stakes when applying for a green card. Your ability to work and remain in the United States is on the line. USCIS agents have a busy caseload, and you want to make your application as clear as possible for them. Anything missing in your application can be grounds for a denial or longer delays in your process. It can be difficult to appeal the denial of a green card application (depending on the category of green card that you are applying for). Therefore, you want to do everything on the front end to ensure your application goes as smoothly as possible.
You should consider hiring an immigration attorney to assist you with the entire process. Your immigration lawyer can do the following for you:
- Explain the various classes of visas and requirements for each of them
- Working with you to gather evidence used in support of your application
- Drafting your petition to be filed with the USCIS
- Representing you in any request for reconsideration or appeal when your application has been denied
The immigration system can be both confusing and highly confusing. Do not try to navigate the system on your own because it can lead to difficult consequences. You should at least consult an immigration lawyer to learn more about your rights and how the application process works.
In most cases, you want a trusted attorney to complete the application, follow-ups, and any appeals for you. This maximizes your chances of success, so you can achieve your goals of permanent residency as soon as possible. Don’t wait to schedule a consultation with an immigration law firm near you.