A Green Card, officially a Permanent Resident Card, grants you the right to live and work permanently in the United States. You can obtain the documentation through family ties, employment, or other pathways, such as the Diversity Lottery or asylum.
Here's a breakdown of how to get a Green Card and why you need an immigration lawyer to navigate the complex and rapidly changing immigration and public benefits system:
Family-Based Green Cards:
- Eligibility:
You can qualify if you have a close family member (U.S. citizen or Green Card holder) who can sponsor you. - Process:
Your family member files an immigrant petition on your behalf, and then you apply for a Green Card. - Examples:
Spouses, children, and parents of U.S. citizens or Green Card holders are common family-based categories.
Employment-Based Green Cards:
- Eligibility:
You can qualify if a U.S. employer is willing to sponsor you and you have the skills and qualifications needed for the job. - Process:
Your employer files a petition on your behalf, and then you apply for a Green Card. - Examples:
Skilled workers with exceptional abilities and those in critical fields can qualify.
Other Pathways:
- Diversity Lottery:
The Diversity Immigrant Visa Program (DV Program) offers a chance to win a Green Card through a random lottery, open to individuals from countries with low immigration rates to the US. - Asylum:
If you are fleeing persecution in your home country, you may be eligible for asylum in the US, which can lead to a Green Card. - Longtime Resident Green Card:
Individuals in the U.S. for an extended period and who meet specific criteria may be eligible for a Green Card.
General Green Card Application Process:
- File an Immigrant Petition: Someone, usually a family member or employer, files an immigrant petition on your behalf.
- Complete Form I-485: You must complete Form I-485, the application for adjustment of status, to apply for a Green Card. Adjustment of StatU.S. is available to immigrants working in the US, who can apply for a green card without returning to their country of origin.
- Gather Supporting Documents: You must provide supporting documents, such as birth certificates, passports, marriage certificates, and employment offer letters, to prove your eligibility.
- Attend Biometrics Appointment: You must attend a biometrics appointment to provide your fingerprints and photograph.
- Attend an Interview: You may be required to participate in an interview with an immigration officer.
- Receive Green Card: If your application is approved, you will receive a Green Card.
Qualified Immigrants
Qualified immigrants are:
- Lawful Permanent Residents (LPRs or Green Card holders)
- Refugees or Asylees
- Individuals granted withholding of deportation or removal demonstrate an apparent probability that they would face persecution in their home country if they returned based on their race, religion, nationality, membership in a particular social group, or political opinion.
- Cuban/Haitian entrants
- Certain battered spouses, children, and parents
- Victims of human trafficking
Not Qualified Immigrants
Unqualified immigrants are undocumented, those with temporary visas (e.g., tourist or student visas), and others not listed as qualified.
Anyone not a U.S. citizen, undocumented, or lacking immigration statU.S. is usually excluded from SNAP. However, some members of households who have citizenship statU.S. may qualify.
Federal Public Benefits
Federal public benefits are funded and administered by the federal government. Eligibility for these benefits is frequently more challenging for immigrants to obtain.
Supplemental Nutrition Assistance Program (SNAP)
SNAP (food stamps) provides food assistance to low-income individuals and families.
Medicaid
Medicaid is a federal program designed to provide health coverage to low-income people in the US.
Qualified immigrants may be eligible for Medicaid, but there may be waiting periods. Emergency Medicaid is available to all immigrants for emergency medical conditions, regardless of status.
Supplemental Security Income (SSI)
SSI provides cash assistance to aged, blind, or disabled individuals with limited income and resources.
Qualified immigrants may be eligible for SSI, but there are often waiting periods and other restrictions. Unqualified immigrants are not eligible.
Temporary Assistance for Needy Families (TANF)
TANF provides cash help and supports low-income families with children.
Qualified immigrants may be eligible for TANF, but there are often waiting periods and other restrictions. Not qualified immigrants are not eligible.
State and Local Public Benefits
State and local public benefits are funded and administered by state and local governments. Eligibility can vary widely.
Immigrants may qualify for state-funded programs, and some states may also offer unqualified immigrants benefits.
Local Programs
Local governments may also offer public benefits programs such as housing assistance or food banks. Eligibility can vary widely.
Education
All children, regardless of immigration status, have the right to a free public education.
How to Apply
Applying for public benefits can be a detailed process. Gather all necessary documentation and follow instructions carefully.
Required Documents
Required documents may include:
- Proof of identity
- Proof of immigration status
- Proof of income
- Proof of residency
Application Process
The process typically involves:
- Filling out an application form
- Providing required documents
- Interview (if required)
When you retain legal help, you can quickly complete the applications and gather the needed documentation. Your attorney will help you cover all the bases to get accepted more quickly.
Legal Help
It’s recommended to get legal help from an immigration attorney or legal services provider for guidance on eligibility and the application process.
Public Charge Rule
The public charge rule is a legal provision that allows the government to deny admission or an adjustment of statU.S. to individuals likely to become a public charge.
What Is a Public Charge?
A public charge is generally defined as someone who depends on the government for assistance by receiving public benefits.
Impact on Immigrants
The public charge rule can affect an immigrant’s ability to get a visa or green card. Understanding the consequences of using public benefits is, therefore, essential.
Benefits Counted
Some public benefits, such as SNAP, SSI, and TANF, are counted under the public charge rule. Others, like Medicaid for children and emergency Medicaid, are not.
Speak to an Immigration Lawyer Now
Immigrants' rights to public benefits are complicated and depend on varioU.S. factors, including immigration statU.S. and the specific program. Therefore, understanding eligibility criteria, application processes, and legal rights is essential.
If you need to apply for a green card, ask about your eligibility for public benefits. Your attorney can help you with both processes and make them easier to understand. Call to schedule an appointment with an immigration attorney now.