Green Card Attorney

Welcome to Santoskhourny, your trusted partner in navigating the complexities of the United States immigration system. 

Our dedicated team of green card attorneys is committed to providing expert guidance and personalized assistance to help you achieve your goal of obtaining lawful permanent residency in the United States. If you are considering Green Card application, we have created an extensive guide below, together with the related services we offer.

Tell US More To Help You

Qualification for a Green Card

Obtaining a green card, also known as lawful permanent residency, requires meeting specific eligibility criteria established by the U.S. Citizenship and Immigration Services (USCIS). The USCIS is the controlling body that oversees immigration processes such as visa application, asylum, and Green Card Processes.

Eligibility Criteria for Obtaining a Green Card

Eligibility for a permanent residency varies depending on factors such as family relationships, employment sponsorship, investment, refugee or asylum status, and other humanitarian programs. Currently, there are eight different eligibility categories for legal permanent residency:

 

  1. Through family, including spouse, unmarried child, and parent.
  2. Through employment.
  3. As a Special Immigrant (Religious worker, SIJ, International Broadcaster, etc.).
  4. Via Refugee or Asylee Status.
  5. As a victim of human trafficking and crime.
  6. As a victim of abuse.
  7. Via other methods (Special cases such as the Cuban Adjustment Act).
  8. Via registry (If you have lived continuously in the U.S. from before Jan 1st, 1972).

Why Sponsors are Important for Green Card Applications

Sponsors play a crucial role in many green card applications, providing financial support and demonstrating the applicant’s eligibility for lawful permanent residency in the United States.

 

For example, in most instances, if you earn less than a specific amount in the U.S., your sponsor is typically obliged to increase their financial support to 125%. Sponsorship obligations last until the immigrant does one or more of the following – becomes a U.S. Citizen, accrues 40 quarters of social security via employment, dies, permanently leaves the country, and thus foregoes their Green Card.

Adjustment of Status

The adjustment of status process allows certain individuals already in the United States to change their non-immigrant status to that of a lawful permanent resident without having to leave the country for visa processing.

How the Adjustment of Status Process Works

The adjustment of status process involves filing the necessary forms, submitting supporting documentation, attending interviews, and awaiting USCIS approval while complying with strict eligibility requirements. 

The required form is Form I-485 (Application to Register Permanent Residence or Adjust Status) and the USCIS has a set of instructions on how to complete this form and where to submit it too. After submitting the form, you then have to attend an Application Support Center Appointment for a biometrics meeting.

Next, depending on the contents of your form and the completeness of your Form I-485 application, you may need to attend an interview. To gain lawful permanent resident status, you must attend this interview if needed and we advise preparing for it fully with your Green Card lawyer.

Once the interview is complete, the USCIS may request additional information. If so, respond promptly and with all the requested info to avoid further delays. Lastly, it’s a case of waiting for your official immigration status to change and your permanent residency to be approved.

Specific Scenarios Where Adjustment of Status is Applicable

Adjustment of status is applicable in various situations, including family-based immigration, employment-based immigration, special immigrant categories, and certain humanitarian programs. It’s essentially the same eligibility conditions as applying for a Green Card.

Benefits of Obtaining a Green Card

Obtaining a permanent residency offers numerous benefits, providing individuals with the opportunity for long-term residency, work authorization, travel flexibility, eventual citizenship, and improved opportunities in the United States.

Green card holders enjoy unrestricted work authorization in the United States, allowing them to pursue employment opportunities without needing additional work visas. This means you can start to build a career and future and obtain job security without any hindrance.

With a permanent residency, individuals can travel freely in and out of the United States, making visiting family abroad easier, conducting business internationally, and exploring new opportunities. The only limitation is that you cannot travel outside the U.S. for more than 12 months or 24 months if you have a reentry permit. True, unfettered and unobstructed travel with no boundaries is only possible as a full U.S. Citizen.

Green card holders are eligible to apply for U.S. citizenship after meeting certain residency requirements, granting them full rights and privileges as American citizens. The current eligibility criteria for Citizenship by Naturalization includes:

 

  • At least 18.
  • Prove you have been a lawful permanent resident in the U.S. for at least 5 years.
  • Prove continuous residence in the U.S. during that period.
  • Prove you have been physically present in the U.S. for at least 30 months of that period.

 

Other, less-tangible requirements include demonstrating your moral character, understanding the U.S. Constitution, and having an understanding of the history and principles of the U.S. Government.

Aside from the above benefits, obtaining a green card also opens doors to a myriad of opportunities, including access to education, healthcare, social benefits, and a pathway to achieving the American dream. It allows you to escape persecution and flee from difficult conditions in your home country.

Types of Sponsors for Green Cards

Various entities can sponsor individuals for green cards, including family members, employers, special immigrant categories, and certain humanitarian programs.

Family Members

Family members can sponsor individuals for green cards, including spouses, parents, siblings, and children, subject to specific eligibility criteria and relationship requirements.

Employers

Employers can sponsor foreign nationals for permanent residency through employment-based immigration programs, demonstrating the individual's qualifications and the need for their skills in the U.S. workforce.

As a Special Immigrant

Certain individuals, such as religious workers, investors, and individuals with extraordinary abilities, may qualify for green cards under special immigrant categories.

Exceptions to Sponsorship Requirements

Some immigrants may be eligible for green cards without the need for a sponsor, such as refugees, asylees, and certain individuals with humanitarian parole.

Duration and Conditions of Green Cards

Green cards are typically valid for a period of ten years, with certain conditions and restrictions depending on the individual’s immigration category and circumstances.

Typical Validity Period of a Green Card

Green cards are typically valid for a period of ten years, after which they must be renewed to maintain lawful permanent resident status in the United States. You should renew your permanent residency if it has expired after the 10-year period, or within 6 months of its expiry date.

 

Form I-90 (Application to Replace Permanent Resident Card) is what you have to file to renew your residence, and you can find instructions for this on the USCIS website or your Green Card lawyer can guide you through the process.

Understanding Conditional Green Cards

Conditional green cards are issued in certain situations, such as marriage-based or entrepreneurial investments, and require the fulfillment of specific conditions within a specified period. If you have been granted conditional permanent residence status, this has to be renewed every 2 years as opposed to the 10 years of a Green Card.

Travel and Work Authorization With a Green Card

Green card holders have the right to live and work permanently in the United States, enjoying the same privileges as U.S. citizens, except for voting in federal elections. There is also a limit on the length of time a card holder can spend outside the U.S. – you can travel abroad, but for no longer than 12 months at once (24 months if you have a reentry permit).

Overview of Travel and Work Authorization

Green card holders can travel freely in and out of the United States and work for any employer without restrictions, providing them with the flexibility to pursue their career and lifestyle goals. Although it is sometimes required to apply for a work permit, such as as an asylum seeker or refugee, LPR status effectively counts as your EAD (Employment Authorization Document); thus, no further action is needed.

Application Process for a Green Card

The application process for a green card involves several steps, including completing forms, gathering supporting documents, attending interviews, and awaiting USCIS approval.

Steps Involved

The specific steps involved in the green card application process may vary depending on the individual’s immigration category, sponsorship type, and other factors but typically include:

 

  1. Check your eligibility for a Green Card and make sure you have the appropriate sponsor.
  2. Follow the right process depending on your location:
    1. In the U.S. – Adjustment of Status with USCIS.
    2. Outside the U.S. – Consular Processing with DoS.
  3. File the relevant Green Card application form (Usually Form I-485).
  4. Attend a biometrics appointment if necessary.
  5. Attend a Green Card interview if necessary.
  6. Wait for your Green Card adjudication.

Importance of Legal Assistance

Seeking legal assistance from a qualified green card attorney is crucial for navigating the complexities of the application process and ensuring accuracy, compliance, and timely submission of required documentation. Many of these steps may seem daunting, including completing the forms and understanding the sponsorship process, and this is where an immigration lawyer helps immensely.

Working With an Immigration Attorney

Working with a green card attorney provides individuals with expert legal guidance, personalized representation, and increased confidence throughout the immigration process. Before you book a consultation, it’s important to understand how they can help you through your Green Card application.

Advantages of Working With a Green Card Attorney

  • A green card attorney assists clients in preparing and submitting their green card applications, representing them in dealings with USCIS, and advocating for their rights and interests. This can be especially beneficial for the following reasons:

     

    • Overcoming language barriers: English may not be your native language, and you may have difficulty interpreting forms and understanding requests from the USCIS. An immigration lawyer can bridge the barriers and ensure you understand every part of the process.
    • Reducing the workload and stress: Seeking asylum, fleeing from persecution, and trying to complete a daunting application process is incredibly stressful and hard work. By working with a Green Card lawyer, they can alleviate much of that stress and demand so you can concentrate on your future.
    • Save time on the overall process: If you try and undertake the Green Card application process yourself, you may make mistakes or miss deadlines. An immigration lawyer ensures this doesn’t happen and everything is done within the strict timeframes.

     

    Green card attorneys play a vital role in guiding clients through the immigration process, ensuring compliance with laws and regulations, and maximizing their chances of success. If you are worried about legal fees, there are often options such as payment plans or low-cost services if you are experiencing financial difficulties. Speak to your chosen immigration attorney and see how they can help.

Expected Processing Time for Green Card Applications

The processing time for green card applications and sponsorship varies depending on factors such as the applicant’s eligibility category, country of origin, and USCIS processing times, typically ranging from several months to several years. To give you a baseline, we have listed the current expected averages for different Green Card application types below:

Green Card Type

Sponsor/Applicant

Average Waiting Time

Form I-300

U.S. Citizen Sponsor

10.8 Months

Form I-300

Green Card Holder Sponsor

25 Months

Form I-485

Family Sponsor

10.1 Months

Form I-131

Advanced Parole

6.1 Months

Form I-765

Work Permit Application

6.7 Months

Form I-129F

Fiance Sponsor

6 Months

Form N-400

Application for U.S. Citizenship

9 Months

Most of the waiting time is out of your hands, unfortunately, and is down to USCIS processing times, which are notoriously slow due to the influx of applications and backlogs in various departments they face, such as SIJS approval.

However, there are areas you have control of including obtaining the correct form, completing the Green Card application properly, and responding to any requests for additional information as quickly as possible. Your immigration attorney can help with this and keep you on track so the process runs smoothly.

Know Your Green Card Rights and Work for a Brighter Future

Securing a green card is a significant step towards achieving lawful permanent residency and realizing your dreams in the United States. 

 

As you can see from the above, it offers a wealth of benefits, including the right to work and travel, plus access to a range of potential state benefits. It also gives you security and the chance to build a new life away from any persecution, harm, or difficult conditions you may have previously faced.

 

At Santoskhourny, our team of experienced green card attorneys is here to provide you with the guidance and support you need to navigate the immigration process successfully. If you want to learn more about the process, check your eligibility, or start your Green Card journey, don’t hesitate to get in touch – it is our pleasure and honor to help.

What People Say About Our Firm

FAQs

A green card, officially known as a Permanent Resident Card, grants foreign nationals the right to live and work permanently in the United States, providing a pathway to lawful permanent residency and eventual citizenship. It is important as it offers security, protection from deportation, and a number of other benefits.

Eligibility for a green card varies depending on the applicant’s immigration category, with common pathways including family sponsorship, employment sponsorship, and humanitarian programs for refugees and asylees.

While sponsorship is required for many green card applicants, certain individuals may qualify for green cards without the need for a sponsor, such as refugees, asylees, and individuals with extraordinary abilities.

The adjustment of status allows certain non-immigrants already in the United States to change their status to that of a lawful permanent resident without having to return to their home country for visa processing. Eligibility depends on various factors, including immigration category and eligibility criteria set by USCIS.

The processing time for green card applications varies depending on factors such as the applicant’s eligibility category, country of origin, and USCIS processing times, typically ranging from several months to several years.

Yes, green card holders have the right to work for any employer in the United States without restrictions and can travel freely in and out of the country, enjoying the same privileges as U.S. citizens, except for voting in federal elections.

A conditional option, such as a Green Card Through Marriage, is issued based on a marriage or entrepreneurial investment and requires the fulfillment of certain conditions within a specified period. Once the conditions are met, the conditional status is removed, and the green card becomes permanent.

No, green card holders are authorized to work for any employer in the United States without the need for additional work permits, enjoying unrestricted work authorization as lawful permanent residents. This is one of the main benefits of pushing through the immigration services process, as it gives you the potential for a brighter future and to be self-sufficient.

If you’re interested in obtaining a green card, it’s essential to assess your eligibility, gather the required documentation, and seek legal guidance from a qualified green card attorney to navigate the application process effectively. Also, think carefully about what you want to achieve from the Green Card process, your long-term aims, and how it could benefit or affect your family.

Start Your Journey to U.S. Green Card Today in the Right Way

If you want to hire immigration attorney services, contact Santoskhourny today to begin your journey to citizenship the right way. We believe everyone has the right to naturalization and are eager to help you reach your ultimate goals.

Complete this following form and our attorneys will contact you within 24 hours.

Book A Consultation Today