Employment-based permanent residency is one of the most common avenues that immigrants use to acquire a Green Card. The United States Citizenship and Immigration Services has guidelines for the different permanent residency categories and how to apply for each one.

An employment-based permanent resident card or Green Card is a foreign citizen’s ticket to being able to live and work in the U.S. on a permanent basis. In most cases, this privilege includes the immigrant’s spouse and children. For many, it is also a necessary stepping stone towards gaining citizenship.  Contact an immigration lawyer for more information.

There are three employment-based Green Card preference categories that are based on people’s professional qualifications:

• First Preference (EB-1)

The individuals that fall under this category are commonly referred to as priority workers. These are foreigners that demonstrate extraordinary abilities in the sciences, arts, education, business, or athletics. It also includes professors and researchers that exhibit outstanding performance in their respective fields. The category also covers corporate executives and managers of certain multinational companies.

People that fall under this category have not reached just any type of achievement. They need to demonstrate that they have sustained national or international acclaim in recognition of their expertise.

To do this, they must present either a) evidence of a one-time, major internationally-acknowledged award like a Nobel Peace prize, or b) any three of the following criteria:

• Proof of having received a lesser award but on a national or international level.
• Proof of membership in an association in their field of expertise that requires their members to have outstanding achievements.
• Evidence that a major publication or media outlet has published material about the applicant.
• Proof that they have been assigned or requested to judge others’ work.
• Documentation of their contributions to their fields and that these contributions are original ideas.
• Copies of scholarly articles that they may have written and published in major trade publications.
• Proof that their work has been featured in art exhibits.
• Evidence that they occupied leadership roles in distinguished organizations.
• Present documents that corroborate that they require a higher salary compared to others that are working in the same field.
• Proof of their success in performing arts.
• Professors or Researchers under this category need to prove scholastic excellence by providing any two of the following criteria:
• Proof that they received major awards for their outstanding achievements.
• Proof that they are members of associations that require outstanding achievements from their members.
• Documentation that their work has been written about and featured in professional publications.
• Proof that they participated either alone or in a panel to judge work done by others in the same academic field.
• Proof of contribution or scientific or academic studies in their field.
• Documentation that they wrote books or articles that were published in international journals in their field of expertise.

Green Card Application Process For EB-1 Visa Holders

Individuals claiming extraordinary ability can directly fill out Form I-140, the Petition for Alien Worker, and apply for themselves. Those that claim to be Outstanding Professors and Researchers, as well as Multinational Executives and Managers, need to have a U.S. employer file the form for them. Along with the petition, the American employer has to provide proof that they have the ability to continuously pay the wages of the foreign worker. They may use any financial document like income tax returns, or an annual report.

The families of EB-1 Visa holders who apply for residency become eligible to apply for entry to the United States when the alien worker’s petition has been approved. The spouse will need to apply for E-14 immigration status and children under 21 years of age are eligible for E-15 immigrant status.

•  Second Preference (EB-2)

Persons that have second preference Visas are eligible for employment-based permanent resident cards. This category includes foreign citizens that hold advanced degrees, those that demonstrate exceptional ability in a qualified field, and those that are granted the national interest waiver.

 Advanced Degree

This means that a person with an advanced degree or its foreign equivalent is applying for a job that requires his particular educational background. This foreign equivalent means having a baccalaureate degree with 5 years of post-graduate experience in the field.

The foreign worker must provide proof of this advanced degree by providing any of the following:

1. Documentation showing that they have a U.S. advanced degree. An example of this is the person’s official academic record.
2. If they have the foreign equivalent with five years post-baccalaureate experience, they can present their official academic records along with letters from past employers that will attest that they have the required five years of experience in their field.

Exceptional Ability

Individuals with exceptional abilities in the sciences, arts, or business are those whose expertise in their qualified field is more than that of a regular person.  To prove their qualifications, they must comply with at least three of the following criteria:

• Official academic records that prove the alien worker has a degree from a higher institution of learning.
• Letters from employers that indicate they have no less than 10 years of experience in their profession.
• Their professional license to practice in the field.
• Proof that they have earned higher pay than others in the same profession in view of their exceptional ability.
• Evidence that they have membership in a professional association.
• Public recognition by the government, their colleagues, or professional associations, of their achievements and contributions in their respective fields.
• Other evidence that is similar to or comparable with the ones mentioned above.

National Interest Waiver

Most employment-based immigration categories require a Labor Certification. In some instances, the foreigner seeking permanent residency requests that the labor certification be waived because they have abilities that may greatly benefit the United States. Grantees of the waiver are eligible for permanent residency under the second preference category. This is because they are usually qualified through the exceptional ability criteria.

•  Third Preference (EB-3)

Individuals that fall under this category are skilled workers, professionals, and other workers that qualify.

 Skilled Workers

Individuals are considered skilled workers if they have a minimum of 2 years of education, training, or work experience. They must be able to prove this with accepted documentation. The education and experience must fit the qualifications for the job they are applying for. It is important that there are no qualified U.S. workers that are able to do the work.

Professionals

Persons that have a U.S. bachelor’s degree or it’s foreign equivalent. Unlike previous preference categories, there is no need to demonstrate exceptional academic performance. The important thing is that the degree meets the  job requirements and that the job can’t be filled for lack of qualified workers in the U.S.

Unskilled Workers

The term unskilled workers refers to individuals who are able to perform unskilled labor or work that requires less than 2 years of training or experience. This is different from temporary unskilled work since under this category, the work is permanent and not seasonal.

All three sub-categories under the EB-3 category need a labor certification and a permanent and full-time job offer.

•  Fourth Preference (EB-4)

This employment-based permanent residence category includes special immigrants that meet certain qualifications. The list includes the following:

Religious Workers

This refers to ministers or non-ministers that do religious full-time, paid work. The program for non-minister religious vocations that allowed non-ministers to become permanent residents until December 3, 2021 was extended by the U.S. government. Those already in the U.S in this capacity were given until February 18, 2022 instead of December 3, 2021, to apply for permanent residency.

Ministers and their immediate family are not affected by the sunset date.

For a minister to qualify for special immigrant status, they must be a part of a religious denomination that runs an actual non-profit organization in the U.S. for a minimum of 2 years prior to filing. It is also required that they are seeking entry into the country to work as a paid minister at that religious denomination. By paid, it means working at least 35 hours per week with a salaried or non-salaried compensation.

The minister should be coming to the U.S. to work for the bona fide non-profit religious organization in the country. Working for a lawful organization associated with a religious sect in the country is also considered.

Another instance when the person is deemed eligible is when they have worked as non-ministers abroad or in the U.S., for organizations mentioned above, after the age of 14. They should have been working on a continued basis for at least 2 years before applying for a Green Card.

 Special Immigrant Juveniles

A minor living in the United States who required the protection of juvenile court due to abuse, abandonment, or neglect of a parent may be eligible for a Green Card.

The following requirements need to be complied with:

• The minor must be below 21 years of age at the time of the filing of the Special Immigrant Juvenile petition.
• They must be living in the U.S. at the time of filing.
• The person must not be married nor previously married.
• They must have a bona fide juvenile court order from a U.S. state court that officially declares the minor as dependent on the court. The order must state that the court found that the minor suffered abuse, abandonment or neglect of a parent and is unable to reunite with one or both parents. The court must also state in the order that returning the minor to their home country is not in their best interest.

There must be evidence that the juvenile court order was warranted by the situation and not simply sought in order to gain immigrant status. There has to be a written consent provided by the Department of Health and Human Services if the minor is currently in their custody or if the court also orders change of custody or placement.

Other Individuals Qualified Under EB-4

• Noncitizen broadcasters that come to the U.S. to work for the United States Agency For Global Media. This sub-category is capped at 100 Visas per year.
• Some retired officers or current employees of a G-4 international organization as recognized by the United States, or NATO-6 civilian employees and their families.
• Some employees of the American government abroad, along with the former’s family.
• U.S. armed forces members.
• Employees of the Panama Canal company or Canal Zone government workers.
• Qualified physicians who have been working in the U.S. as doctors since January 9, 1978.
• Afghanistan or Iraq nationals who served the U.S. government as interpreters abroad.
• Iraq nationals that worked for the American government.
• Afghanis that worked either for the U.S. government or the International Security Assistance Force.

•  Fifth Preference (EB-5)

  The EB-5 category covers the Immigrant Investor Program. Through this program, investors and their spouses and unmarried children are eligible for permanent residence. These investors must comply with the following requisites:

  • Must invest in a business in the U.S.
  • Such businesses must be able to provide at least 10 full time and long-term jobs for U.S. workers qualified for the job.
  • Petitions filed on or after November 21, 2019 must be based on an investment minimum of $1,800,000 in a high-employment area. The minimum requirement for investing in a targeted or low employment area is $900,000.

   

Seeking naturalization in the United States is a lengthy process that can be complicated and challenging. By familiarizing yourself with the process and potential delays or denials, you will be better equipped to ensure a smooth journey toward citizenship. With the guidance of an experienced naturalization lawyer, becoming a U.S. citizen is within reach.

Reasons For Delays Or Denials

One of the most common reasons for delays and denials in naturalization is evidence of a lack of good moral character. The U.S. Citizenship and Immigration Services (USCIS) will review applicants who are applying to determine if they meet the standard, which includes factors such as whether or not the applicant has committed certain criminal acts or broken immigration laws.
In some cases, it may be possible for individuals with criminal records to obtain a waiver for the good moral character requirement. However, waivers are difficult to obtain, and USCIS has strict guidelines about which types of crimes and offenses will be considered eligible for a waiver.
USCIS also performs screenings to ensure that applicants are not a risk to national security or public safety. Some of the factors used in these screenings include whether an applicant has visited certain countries, their employment history, and any suspicious activities that may have been associated with them. If USCIS finds evidence of any risks, it will likely deny the application for naturalization.
USCIS may deny an application for naturalization if the applicant cannot pass the English and civics tests. These tests are designed to ensure applicants have a basic understanding of U.S. history and government and a mastery of the English language. Applicants must provide evidence of their knowledge in these areas before they can be considered for citizenship.
The process by which individuals attempt to gain U.S. citizenship can be complex and daunting, but it is possible with dedication, careful preparation, and help from a naturalization lawyer. Understanding the various reasons why applications may be delayed or denied will help immigrants make informed decisions regarding their naturalization journey and increase their chances of success.

Request A Hearing

If a naturalization application is denied, applicants have the right to request a hearing before an immigration judge to present additional evidence to support their case. The applicant must file Form N-336 within 30 days of the denial. The form is a Request for a Hearing on a Decision in Naturalization Proceedings.
Visit your local USCIS office to attend the hearing. Once you submit Form N-336, you will receive a notice with instructions on when and where to appear for your hearing. Be sure to bring all supporting documents to make the most of your appointment time.
Prepare an explanation in advance as to why you believe an appeal or motion should be granted based on the facts presented. The more knowledge you have about naturalization laws and processes, your explanation will be more effective.
Work with an experienced and skilled naturalization attorney before attending the hearing. They can help you better prepare for your appointment and ensure that all legal requirements have been met, increasing your odds of a favorable outcome.

 Administrative Review

If an applicant is not satisfied with the outcome of their hearing, they can appeal the decision to the Board of Immigration Appeals (BIA).  You must file a request for an administrative review within 30 days of the date you are notified of the denial of your citizenship application.
To request an administrative review, you must use Form N-336 and file this with the local USCIS district office that denied your citizenship application. You must include the filing fee with your request amounting to $700. Then, USCIS will schedule a review hearing within 180 days from the date you filed the request.
It is better to submit a brief and additional evidence supporting your N-336 request. You may state the reasons for your U.S. citizenship eligibility and enumerate the factors why this is so. Ask for help from your naturalization lawyer to establish these factors and the proper way to file an N-336 appeal.
This process involves submitting a written brief and presenting oral arguments before a panel of three BIA members. The BIA has up to 90 days to issue a decision on an administrative review. So when you undergo this step, it’s advantageous to have a naturalization lawyer to give you the advice to ensure you follow the correct process.

Federal District Court Review

The applicant may also be able to file a petition for judicial review with a Federal District Court if they are not satisfied with the outcome of their administrative review. In this case, it is recommended that they seek legal advice from a naturalization attorney as soon as possible.
When your denied application is under review by a federal district court, it must be de novo or, start from the beginning. It will make its decisions based on the findings of fact regarding your citizenship application. Upon your request, the court will also hold a hearing on the review of your citizenship application. The regulations require that you file the petition for review within 120 days after the final administrative denial of your citizenship application.

Legal Motions

In some situations, it may be beneficial for the applicant to file legal motions to prompt an immediate review of their application. It is important to note that these actions should only be pursued with the advice and guidance of an experienced naturalization attorney.
If all other efforts fail, an applicant may pursue a mandamus lawsuit against the government to compel them to act on their naturalization application. This action must be brought in federal court and typically involves filing a petition along with affidavits and supporting documents.
Mandamus lawsuits are a powerful tool for seeking justice for denied naturalization applications. A mandamus lawsuit, also known as an application for a writ of mandamus, is a legal motion used to order a government agency or official to perform their lawful duties and take the required action. In some cases, the defendant may be ordered to act immediately on the request or claim in question.

Mandamus Lawsuits

When it comes to denied naturalization applications, filing a mandamus lawsuit can help individuals seek justice and force the government agency or office responsible for making decisions about their case to review it properly and make a fair decision.
Filing this type of lawsuit allows applicants to present their case before an independent judge who will then decide if they have been wrongfully denied and if a court order should be issued to reverse the decision. The process of filing a mandamus lawsuit for denied naturalization is complex and requires the assistance of an experienced lawyer.
The attorney must file the petition in federal court with all the necessary documentation, including copies of applications, evidence to support the claims in question, and any relevant case law related to similar circumstances. After filing the petition, it is up to the judge to decide whether or not they will grant relief in the form of a writ of mandamus.
Filing a mandamus lawsuit can prove useful in cases where applicants feel that USCIS unjustly handled their denied naturalization application. It can also be beneficial in cases where applicants feel that the agency failed to review their application fairly and under the correct laws.
In certain situations, even if a mandamus lawsuit is unsuccessful, the court may find that USCIS was arbitrary or capricious in denying an application. It can help lay the groundwork for filing a successful appeal with the BIA and give individuals a fighting chance of achieving justice and reversing their denial decision.
Again, this type of legal action should only be taken under the advisement and guidance of an experienced naturalization attorney. This might be the last chance for you to get legal status in living in the United States permanently. So your paperwork must be complete, accurate, and on time.

Lincoln-Goldfinch Law

An experienced naturalization attorney is essential in filing reviews, legal motions, and mandamus lawsuits for denied naturalization applications. Their professional assistance can help ensure that a proper case is made and the necessary evidence is presented to the court to have the best chance of achieving justice.
At the end of the day, it is important for individuals whose naturalization applications have been denied to remember that they are not alone and that there are legal remedies available to try and overturn their decision. Filing a mandamus lawsuit may be just the tool needed to help applicants seek justice and force a review of their denied application.

If you or someone you know has had their naturalization application unfairly refused, please reach out to an attorney. Lincoln-Goldfinch Law can help you navigate the naturalization process and any issues you experience along the way.

The United States is a country of immigrants, and the naturalization process allows immigrants to become citizens. The process is not simple, and it can take time to complete. That’s where a naturalization lawyer can assist you. They can guide you throughout your naturalization process, including providing advice on which documents are required and how to file them correctly.

Naturalization Process

The naturalization process is one way a foreign national can become a citizen of the United States. First, one must be eligible for naturalization, meet certain requirements, and then apply for citizenship.

The journey to becoming a naturalized U.S. citizen is often long and complicated. However, with proper planning, research, and guidance from a naturalization lawyer, an individual can complete the naturalization process smoothly.

You shall seek counsel from a naturalization lawyer if you’re considering becoming a U.S. citizen and want to be sure you are fully prepared for the application process. Determining if you qualify is crucial to ensure the success of your application. There are four ways you can do this.

• You can be married to a U.S. citizen for at least three years before applying for permanent residency.

• You can be employed by a U.S.-based company for at least one year before applying for permanent residency.

• You can have been granted refugee status or asylum in the U.S., which makes you eligible for permanent residency after one year of living here as an asylum seeker or refugee.
• You can apply for family-based immigration if you have U.S. citizen or Lawful Permanent Resident (LPR) relatives.

To avoid issues and delays, hiring a naturalization lawyer is a wise move. An experienced naturalization lawyer should be able to provide valuable guidance and advice on applying for citizenship.

Naturalization Requirements

In the United States, naturalization is governed by the U.S. Immigration and Nationality Act (INA) and regulations set forth by the U.S. Citizenship and Immigration Services (USCIS).

To become a U.S. citizen through naturalization, one must meet certain qualifications in terms of age, character, residence, continuous presence, good moral character, language skills, knowledge of civics and history, financial stability, and other criteria are detailed below.

Individuals seeking to become citizens of the United States must adhere to several requirements.

• An applicant must have a Green Card or permanent resident status for a minimum of three years when filing as a spouse of a U.S. citizen. If the Green Card is expired or going to expire within six months of application, it must be renewed before applying.
• Before a Green Card renewal or replacement, individuals may file citizenship applications. So they must provide a true copy of the receipt for Form I-90 or also known as the Application to Replace Permanent Resident Card.
• Other requirements include being 18 years old and over at the point of application, being able to speak, read, and write basic English, and having high moral character.
• Comply with the 10-stage naturalization process instructed on the USCIS website, including the person’s eligibility to become a U.S. citizen.
• Complete the N-400 form for U.S citizenship and set up a free account for online form submission.
• Take the Naturalization Test, followed by a personal interview.

You must understand how the process works and the documentation required to complete it. A naturalization lawyer can help guide you through this process and ensure that all necessary documents have been filed on time and processed correctly.

A naturalization lawyer will also be able to answer any questions you have about the process and provide guidance on which documents are most important in helping your application be approved.

Application For Naturalization

Becoming a naturalized U.S. citizen begins with submitting the N-400 Form (Application for Naturalization), followed by paying the filing fee (except when exempt). Individuals may either fill out the application on paper and send it by post or use the online application.

To complete it online, the person must create an account with the USCIS. If the applicant is a member of the military and serving in another country, from another country, they must apply by mail to the local USCIS office. After submission of these documents and fees associated with the application process (which can cost upwards of $700), applicants will be scheduled for an interview. To prepare, you must talk to a naturalization lawyer to guide you through the correct process.

If applicants meet the qualifications, they can submit their N-400 Form to the USCIS office within 90 days. However, applicants must fulfill the residency requirement of three to five years to become U.S. citizens. Submitting early has an advantage in keeping applicants ahead of the application process. So to follow the correct process, hire a naturalization lawyer. They can also ensure you submit the correct paperwork.

Next, the applicant must schedule a biometrics appointment at their local USCIS field office, when their fingerprints will be taken. This is done so that the USCIS may check the applicant’s background. The biometrics appointment is usually scheduled one month after receiving the individual’s citizenship application.

Naturalization Test

The local USCIS office determines the specific period for processing an application. The applicant must wait about 14 months to schedule the interview after sending the application. At the interview, an official verifies the truthfulness of the information in the application. Those who live in the United States can go to the nearest USCIS office for an interview. For those living outside the country, the interview is at the U.S. Embassy or Consulate.

The USCIS official will administer a two-part citizenship test unless the applicant is exempt. It starts with an English language exam to assess spoken and written English skills. It is followed by a civics test to assess the individual’s understanding of the history of the U.S. and the fundamentals of how the country’s government operates.

The USCIS will provide study guides to help applicants prepare for the Civics Test. When they pass the test and interview, their application is approved. However, it can happen that the USCIS will schedule another interview or request additional papers to support your application. Whatever happens, you need a naturalization lawyer to ensure you give the correct information and answer the interview confidently.

In the event applicants did not pass the exam or the interview, the USCIS will advise them by sending a rejection letter with reasons for its decision. However, the applicant has 30 days to reapply or appeal the decision after receiving the refusal letter. Again, you must hire a naturalization lawyer to guide you from the start so you don’t have to undergo this lengthy process.

Once approved after the interview and naturalization test stage, applicants will receive notice from USCIS to participate in an Oath Ceremony depending upon the circumstance. As part of the swearing-in ceremony, applicants are responsible for signing an Oath of Allegiance, which declares loyalty to the government and renounces any previous allegiance held overseas before starting the naturalization process.

Naturalization Certificate

Upon completing this final step in the naturalization process, applicants will receive their Certificates Of Naturalization from USICS officers. Once both Oath Ceremony and Naturalization Test have been completed satisfactorily, the applicant can consider himself a fully-fledged U.S. Citizen.

The certificate will serve as official documentation confirming their new citizenship status in the United States. It entitles them to all rights granted under U.S. law, including but not limited to the following:

• Voting privileges in federal elections.
• Applying for passports without obtaining immigrant Visas
• First-sponsored family reunification via Green Cards without waiting periods.
• Access new educational opportunities or job opportunities.

Naturalized citizens can enjoy equal opportunities with other Americans living permanently after completing this lengthy yet rewarding journey into becoming fully integrated members of society. This way, you contribute positively towards America’s future growth both socially and economically alike. In turn, you enjoy the rights and freedom of a democratic government.

Lincoln-Goldfinch Law

Suppose you’re thinking about applying for naturalization in the United States. In that case, a naturalization lawyer can help you through the application process and ensure you’re on track to becoming a citizen. A naturalization lawyer helps guide you through the necessary steps. As a result, you are fully prepared when it comes time to take your test and interview an immigration officer or judge.

Becoming a citizen benefits you and your family members, who may also want to apply for citizenship once they’ve been approved by their sponsor (parent or spouse). You should speak with an experienced naturalization lawyer as soon as possible if you are considering applying for citizenship to learn more about what options are available under current law.

 Lincoln-Goldfinch Law can help you navigate the complex process of obtaining U.S. citizenship and permanent residence while protecting your rights as a foreign national living or working in the United States. So when you are planning to apply for citizenship, contact Lincoln-Goldfinch Law first to ensure you have the complete and correct paperwork and follow the right process.

According to the Migration Policy Institute, in 2019, approximately 44.9 million immigrants were representing 13.7% of the total U.S. population. The promise of a better life, more opportunities, and freedom has made the United States a beacon of hope for millions of people from every corner of the globe. Obtaining permanent residency through the help of a green card attorney is a critical step toward realizing the American Dream.

Green cards are a highly sought-after prize for immigrants looking to make a life in the United States. Green cards offer permanent residency in the country, complete with the ability to work, live, and receive benefits, just like a U.S. citizen. If you’re considering immigration to the United States, securing a Green Card should be your top priority. This blog will discuss the ins and outs of a Green Card, the process of obtaining one, and how a green card attorney can be an invaluable asset.

Green Card: Applying For Permanent Residence With An Immigration Attorney

A Green Card is a document that grants permanent residency in the United States. It is a critical step for anyone looking to make a life in the country, offering the right to live, work, and receive benefits like a U.S. citizen. How many types of green cards are there, and how can you obtain one?

Employment And Family-Based, Fiancé/Fiancée, And Marriage Green Cards

There are several types of Green Cards, each corresponding to a different path to permanent residency. These include:

• Employment as an employee of a U.S. company.
• Family sponsorship by a close relative who is a U.S. citizen or Green Card holder.
• Marrying your fiancé or fiancée.
• Investment in a U.S. business.
• Humanitarian programs such as asylum or refugee status.

Each type of Green Card has its own eligibility requirements and application process. For example, if you’re looking to obtain a Green Card through employment, you must have a job offer from a U.S. employer and be able to prove that there are no qualified U.S. workers available for the job. 

On the other hand, if you’re seeking a Green Card through family sponsorship, you must have a close relative who is a U.S. citizen or Green Card holder and be able to demonstrate that your relationship is genuine and that you meet other requirements.

The Benefits Of Having A Green Card

Having a Green Card confers a number of important benefits that can have a significant impact on your life and future in the United States. Some of the most notable benefits include the following. 

• The right to live and work in the United States permanently: With a Green Card, you are no longer subject to the restrictions that apply to non-immigrant visas. This means you have the right to live and work in the U.S. permanently, with no need to renew your visa or worry about deportation.
• Access to federal benefits: Green Card holders are eligible to receive many of the same benefits as U.S. citizens, including Social Security, Medicare, and Medicaid. They can also apply for government-sponsored loans and grants, such as student loans and small business loans.
• The ability to sponsor family members: If you have a Green Card, you may be eligible to sponsor close family members, such as your spouse and children, to come and live with you in the United States.
• The right to vote: After five years of holding a Green Card, you may be eligible to naturalize and become a U.S. citizen. You can vote and participate in the political process as a U.S. citizen.
• Protection from deportation: Green Card holders are protected from deportation, provided they do not commit serious crimes or engage in other activities that jeopardize their status.

Whether you’re seeking to build a career, start a family, or enjoy a better quality of life, a Green Card is the key to unlocking the many opportunities available in this great country.

Eligibility Requirements

To be eligible for a Green Card, you must meet specific criteria. This will vary depending on the type of Green Card you’re seeking. Still, some standard requirements include having a job offer from a U.S. employer, having a close relative who is a U.S. citizen or Green Card holder, demonstrating financial stability, and passing a background check. It’s important to note that the eligibility requirements can be complex and vary greatly depending on the type of Green Card you’re seeking.

Obtaining a Green Card is a critical step for anyone looking to make a life in the United States. Understanding the different types of Green Cards, the eligibility requirements for each, and the general steps involved in the application process is an essential first step in making your journey smooth and successful.

Applying For A Green Card With Immigration Attorneys In Texas

Obtaining a Green Card can be complex, time-consuming, and require much preparation. Understanding the different steps involved in the process is an essential first step in making your journey as smooth and successful as possible.

Filing An Application

The first step in the Green Card process is to apply with U.S. Citizenship and Immigration Services (USCIS). This typically involves filling out several forms and submitting them along with supporting documents and fees. It’s vital to ensure that your application is complete and accurate, as mistakes can delay or deny your application.

Interview

Once your application is received and reviewed by USCIS, you will typically be asked to attend an interview. This is an opportunity for you to provide additional information about your background and eligibility for a Green Card. Help from a green card attorney can be significant for you to be well-prepared for the interview, as the outcome will often determine the success or failure of your application.

Decision and Appeal

After the interview, USCIS will decide on your application. Depending on the outcome, you may be required to attend additional hearings or make changes to your application. If your application is denied, you may have the option to appeal the decision. It’s essential to understand your rights and options at this stage, as your application’s outcome will significantly impact your future in the United States.

The Green Card process is complex and time-consuming, requiring careful preparation and attention to detail. By understanding each step of the process and being well-prepared for each stage, you can increase your chances of success and build a better future in the United States. However, well-prepared an applicant may be, applying for a Green  Card may come with challenges and problems. The next section will discuss the common challenges faced by Green Card applicants.  

Common Challenges Faced By Green Card Applicants

The Green Card process can be challenging, and many applicants encounter obstacles. Learn about the common challenges faced by Green Card applicants and what you can do to overcome them.

Documentation Requirements

One of the most common challenges Green Card applicants face is meeting the documentation requirements. This can include obtaining and providing proof of identity, employment history, and eligibility for a Green Card. It’s essential to understand what documents are required and gather them well before submitting your application.

Interviews And Background Checks

Another challenge many Green Card applicants face is the interview and background check process. This can be intimidating, and you must be well-prepared and ready to provide information about your background and eligibility. You should be familiar with the questions that may be asked and have supporting documentation ready to provide if needed.

Processing Delays

Processing delays can also be a challenge for Green Card applicants. These can occur for various reasons, including incomplete applications, errors, or a backlog in the USCIS processing system. It’s essential to be patient and persistent and to stay in close communication with USCIS to monitor the progress of your application.

The Green Card process can be challenging, but by understanding the common challenges and being prepared, you can increase your chances of success. Whether you’re facing documentation requirements, interview and background checks, or processing delays, persistence and patience can help you overcome these obstacles and achieve your goal of becoming a permanent resident of the United States.

Despite these challenges, many Green Card applicants can successfully navigate the process with the help of a green card attorney. The following section will discuss how immigration attorneys can help you obtain a Green Card.

Green Card Lawyers In Austin TX

An immigration attorney, such as those at Lincoln-Goldfinch Law, can play a critical role in the Green Card process, offering legal advice and support throughout the application process. Whether you’re facing complex immigration laws, challenging documentation requirements, or difficult interviews and background checks, a green card attorney can help you navigate the process and achieve your goal of becoming a permanent resident of the United States.

Knowledge In Immigration Law

One of the key benefits of working with a green card attorney from Lincoln-Goldfinch Law is their substantial knowledge of immigration law. They are well-versed in the latest immigration policies, procedures, and regulations and can help you understand the requirements for obtaining a Green Card. They can also help you navigate the complex and constantly evolving immigration landscape, ensuring that your application is complete and meets all the requirements for approval.

They Can Offer The Best Possible Ways To Prepare For Interviews And Background Checks

Another key benefit of working with a Lincoln-Goldfinch Law green card attorney is their ability to help you prepare for interviews and background checks. They can help you understand what questions to expect, what documentation to provide, and how to present yourself in the best light. They can also offer support and guidance during the interview process, helping to ensure that your application is approved.

A Green Card Lawyer Can Assist With Processing Delays

Finally, a green card attorney, such as those at Lincoln-Goldfinch Law, can help you navigate any processing delays that may occur during the Green Card process. They can provide support and guidance as you work through these challenges and help you understand what steps you can take to resolve the issues and get your application approved.

Working with  Lincoln-Goldfinch Law can provide many benefits for Green Card applicants, from legal guidance and support throughout the application process to assist with navigating challenges such as interviews and background checks, and processing delays. Whether you’re seeking to become a permanent resident of the United States or want to make the process as smooth and stress-free as possible, a green card and attorney can help you achieve your goals.

It is not uncommon for U.S. citizens or lawful permanent residents to have relatives outside the country. They can assist their immediate family with permanent residency or a Green Card with the help of an I-130 lawyer. It is a way for the U.S. government to do its best to help the citizens living in the country to reunite with their loved ones and ensure the promotion of social and family life.
However, approval of an I-130 Petition for Alien Relative form does not automatically change the status of immediate relatives of U.S. citizens and LPRs; it will only prove that they have a familial relationship with the sponsor or Green Card holder.

Form I-130 Petition For Alien Relative

The I-130 petition establishes the legitimacy of the relationship between a Green Card holder and their alien relative. The first step in obtaining a Green Card holder status for family members is filing an I-130 petition with USCIS. But, you must first check the eligibility to qualify.
If you can establish a relationship with your relative that would allow them to come to the United States, USCIS will generally approve your Form I-130. After the approval of the petition, the relative can then apply to become an LPR or a lawful permanent resident.

Filing Form I-130

To file Form I-130, the petitioner must be a U.S. citizen or lawful permanent resident and at least 18 years of age. Additionally, the petitioner must provide evidence of their immigration status in the U.S., such as a copy of their U.S. passport or Green Card. They cannot proceed with filing this form until the aforementioned requirements are complied with.
The petitioner must also provide proof of the relationship between them and the alien relative they want to petition, such as a birth certificate, marriage certificate, or adoption records. Additionally, the alien relative must be admissible to the United States and meet the required medical, security, and other immigration requirements.

Once Form I-130 is approved, the foreign national can move forward with their application for permanent resident status. However, they must still go through the legal process of obtaining a Visa and be approved for admission to the country before they can become a permanent resident.

Help From A Visa Form I-130 Lawyer

An I-130 lawyer helps in various ways, such as preparing the I-130 form, drafting legal memos, and responding to requests for evidence from U.S. Citizenship and Immigration Services. In addition, they can assist with other matters related to the immigration process.
Even after the approval of Form I-130, the services of an immigration lawyer are essential because the Green Card process for your relatives who want to live with you in the U.S. will now begin. The main goal is the application for adjustment of status, the documents needed for consular processing, and any other paperwork that will be required. When processing an individual’s immigration, it is never a good idea to do things alone, especially in critical cases like filing a petition for family members. So it’s highly recommended to hire a lawyer from the filing of Form I-130 to the application for a Green Card. It will ease your burden and ensure you will have a higher chance of being with your family in the United States.

Lincoln-Goldfinch Law

If an immigrant has been denied or deported due to various immigration issues, such as citizenship or residency, they may find themselves in a complex and potentially damaging situation. They must secure their legal status and avoid these issues. If any complications could affect their applications, they should deal with them immediately and carefully.

Skilled I-130 lawyer at Lincoln-Goldfinch Law dedicates time to providing their clients with the best possible service. In cases of immigration, I-130 lawyers will work tirelessly to help you successfully petition your loved ones to live and work in the United States.