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Green Cards in the U.S.: Becoming a Lawful Permanent ResidentA green card – technically called a Form I-551, Lawful Permanent Resident Card – is an identification document that proves you’re a lawful permanent resident of the United States. A lawful permanent resident, or LPR, can live and work anywhere in the U.S. without restrictions. However, having a green card doesn’t allow you some of the rights and responsibilities that come with citizenship. After you’ve had a green card for 5 years (3 if you’re married to a U.S. citizen or a lawful permanent resident), you can apply for citizenship. Who’s Eligible for a Green Card?Green cards aren’t available to everyone. You must meet admissibility criteria to apply, which means you can’t have a serious criminal record, you must be a threat to national security, and you must not be (or be at risk of becoming) a “public charge.” If you do meet admissibility criteria, which means you’re legally eligible to apply for a green card, you can do so under one of several categories. Green Card CategoriesYour green card application process will depend on several factors, and one of them is the category under which you choose to apply. You can get a green card for:
Green Cards for Refugees and AsyleesRefugees and asylees can apply for lawful permanent resident status after they’ve been physically present in the United States for at least a year. If this applies to you, you must:
Green Card FAQMany people looking for green card information have the same questions. Check out these frequently asked questions to see if yours appears here – and if it doesn’t, or if you need more clarification, please feel free to call us to set up a consultation with an experienced, knowledgeable attorney. Are Family Members Eligible for Green Cards?Family members of U.S. citizens and lawful permanent residents are often eligible for their own green cards. However, each person applying must be admissible to the United States. Green cards aren’t automatically granted in all situations, either. They’re only granted at the same time the applicant receives his or hers if the family members are:
Married children are only eligible for green cards if they’re related to a U.S. citizen. That means if you’re a lawful permanent resident with married children, you must become a U.S. citizen before your kids can apply for a green card based on their relationship with you. Related Article: Learn How To Get A Green Card Can a Lawyer File Form I-485 for an Immigrant?Your immigration attorney can file a Form I-485, Application to Register Permanent Residence or Adjust Status, on your behalf. She can even fill it out for you – and that’s a huge weight off your shoulders. The Form I-485 can be confusing, and it helps to know that an experienced professional has completed it. Your attorney will file your Form I-485 with the appropriate USCIS department. Where you file this form depends on your eligibility category. For example, if you’re filing as the spouse of a U.S. citizen, you’ll need to send your petition to Chicago. If you’re filing because you’re in the United States on a U-based nonimmigrant visa, you’ll have to send your forms to Vermont (if you lived outside Texas, you could have a different filing location). What is a Notario?Many people meet someone billing him- or herself as a notario. It’s very important that you know notaries are not attorneys – but they present themselves as being qualified to offer legal advice or immigration services. These people often victimize those who wish to immigrate to the U.S. or adjust their immigration status. Often, people hire a notario because they believe he or she will help them through the immigration process. Unfortunately, though, notarios often miss deadlines, file incorrect or incomplete forms, or even file false claims on immigration documents. These people can cost you your opportunity to become a green card holder – and you should avoid them at all costs. If someone approaches you and says that he or she is a notario, do not engage that person’s services. How Long Does it Take to Get a Green Card Approved?The time it takes for USCIS to approve a green card petition depends on several factors, but on average, you’ll wait between 7 months and 3 years. Some applications go through faster than others do, whether that’s due to USCIS’s caseload or the location from which you filed your petition. For example, it’s often faster to get a marriage-related green card if you’re living in the United States when you file. One thing’s always for certain, though: Mistakes on your paperwork can translate to months of back-and-forth with USCIS. For many people, it makes far more sense to hire an Austin immigration attorney than it does to fill out and file paperwork without legal guidance. The USCIS Timeline for Lawful Permanent Residency ApplicationsIn order to process your green card application, USCIS follows several steps. Typically, the timeline looks like this:
Can the U.S. Government Deny a Green Card?The U.S. government can deny your application for a green card. That can happen for many reasons, such as a failure to meet certain requirements. For example, USCIS can deny your green card application if:
There are many other reasons USCIS might deny you a green card, too. But if you receive a denial, don’t lose hope – call an Austin immigration attorney who can evaluate your case and help you figure out what to do next. In some cases, you can appeal USCIS’s decision. Related: Can You Get a Green Card With a Criminal Conviction? What Happens After You Get a Green Card?After you get your green card, you are legally authorized to live and work in the United States. Remember, though, that you must renew your green card every 10 years. Related: Learn How to Renew Your Green Card: The Complete Guide Green Card Marriage: The Ultimate Guide to Residency Through Marriage Understanding Green Card Marriage Can the U.S. Government Deny Your Green Card if You Can’t Afford Healthcare? SAME-SEX MARRIAGE GREEN CARDS & IMMIGRATION BENEFITS
You might be wondering whether the United States government recognizes same-sex marriage for green cards and other immigration benefits. Fortunately, it does. Here’s what you need to know about same-sex marriage green cards and other immigration benefits available to same-sex couples. HOW TO REMOVE CONDITIONS ON YOUR GREEN CARDConditional permanent residents are people who are lawful permanent residents of the U.S. and must meet certain obligations before the USCIS will issue them a permanent green card. But who is a conditional resident, what are the conditions, and what happens if someone fails to remove the conditions from a green card? This guide explains. What Happens if You Get Divorced After Getting a Green Card?A U.S. green card gives you permission to live and work anywhere in the United States. However, there are a few things that may affect your lawful permanent resident status, and divorce is one of them. Learn More Do You Need to Talk to a Lawyer About Getting a Green Card?If you need to speak with an attorney about getting your lawful permanent residency in the U.S., or if you’ve experienced any issues while trying to get a green card, call us right away. We can help you every step of the way. How long does it take to get an EB2 green card?EB-2 Processing Times
It can take anywhere from 10 months to over 2 years for U.S. Citizenship and Immigration Services (USCIS) to process Form I-140, depending on which service center is reviewing the petition. Once the I-140 is approved, the applicant must wait for a visa to become available.
Which one is better EB2 or EB3?Second Preference vs Third Preference
Both are employment-based visas. However, the EB2 visa is the second-preference employment visa and the EB3 visa is the third-preference employment visa. This means that EB2 visas are slightly preferred over EB3 visas. EB2 visas make up 28.7% of approved employment-based visas.
What is an EB2 visa who qualifies for it?The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field).
Can a company sponsor green card without H1B?Contrary to the popular belief, there is no requirement that an individual be in H1B status before an employer can start the Green Card process. There is also no USCIS requirement that the employee must have been working for a minimum period of time. The Employment based Green Card process can be initiated any time.
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