In this post, Edwin E. Reyes, Houston Immigration Attorney, explains how to get a green card in the United States, providing an overview of the application process. To ensure a green card is the correct option for you, we will also define the benefits of having a green card in the United States, as well as the eligibility criteria for applying for a green card. Once you decide to pursue a green card, it will be advantageous for you to seek legal counsel, so — as a final note — we will discuss what value an attorney can provide for you throughout the process.
If you have specific questions about your unique legal situation, please contact the Law Office of Edwin E. Reyes, PLLC, by calling (713) 936-2295, emailing us at info@edwinereyes.com, or submitting the form at the bottom of this page. We look forward to hearing from you!
What is a Green Card?
Officially called a “permanent resident card,” a green card is an identity document that shows the cardholder is permitted to lawfully live and work in the United States indefinitely. “Green card” is a colloquial name established between 1946–1964, when the issued permanent resident cards were green in color. Beginning in 2010, the lawful permanent resident card is green again.
Depending on your particular circumstances, the steps necessary to acquire your green card may be different. The card will identify you as a permanent resident of the country, and it establishes you as a permanent resident, rather than a visitor. Anyone holding a current green card is recognized as being a lawful resident of the U.S.
Who is Eligible for a Green Card?
There are a number of ways you can become eligible to obtain a green card, including:
- Eligibility for a green card through your family, e.g. the spouse of a green-card holder or a U.S. citizen, or the child of one
- Eligibility as a first preference worker, meaning you possess some kind of extraordinary skill which is needed in the U.S.
- Eligibility as a victim of domestic abuse, certain crimes, or human trafficking, or as a refugee or someone seeking asylum
- Eligibility as a religious worker (minister or non-minister)
- Eligibility as a juvenile requiring protection so as to avoid being abused or because you have been abandoned
Eligibility requirements for a green card can be confusing and overwhelming, especially when there are language barriers at play. Many times, immigrants mistake obtaining a green card via marriage as their only or most promising option. It is normal to be confused by all the legal processes required to obtain a green card. Your eligibility and your application will be greatly assisted by having legal counsel at your side.
How to Get a Green Card in the U.S. – Step-by-Step Guide
Each of the different categories of green cards has a specific procedure to follow. Here, we will discuss the general steps needed to secure a green card. When an individual applies from within the U.S., it is referred to as an adjustment of status, and if from outside the U.S., it is known as “consular processing.” Here are the general steps for obtaining green cards in the United States.
Step 1 – Determine your eligibility.
The steps necessary for obtaining your green card begin with determining whether you are eligible or not. There are several categories for which you can be eligible, but you must meet the requirements to obtain a green card. You can review more specifics about eligibility requirements in the paragraph above.
Step 2 – Filing the petition.
It will be necessary to file an immigration petition. Generally, either a sponsoring company or a family member must do this on your behalf, but there are some situations where you can file the petition on your own as well. The family-based petition, the employment-based petition, or the self-petition that describes your specific reason for applying are usually submitted on different forms. Once your petition is submitted to USCIS, you must wait for the petition to be approved by USCIS.
Step 3 – Obtain an Immigrant Visa.
Once the petition has been filed, you will have to wait for an immigrant visa to be available before you can proceed. Some green card categories do not have a wait time for an immigrant visa to become available. Other categories have a wait time because only a set number can be approved each year. Your priority date, that is the date that USCIS received your petition, indicates your place in line among other applicants. Your application will be processed in according to a prioritizing scheme based on immigrant visa availability based on category.
Step 4 – Apply for a green card.
Once you have received your immigrant visa and the immigrant visa is available, you can then file the actual application. At this time, you will need to choose either the adjustment of status route or the consular processing route. Some categories allow you to apply for adjustment of status at the same time that the petition is submitted. For more information about visa availability and eligibility to apply for the green card see the visa bulletin.
Step 5 – Attend a biometrics appointment.
At the biometrics appointment, you will be photographed and fingerprinted. The information obtained at this appointment will be used to confirm your identity and to run background and security checks. If done as apart of the consular process, the appointment will be scheduled at the U.S. consulate or embassy that you designated on your petition.
Step 6 – Interview.
Following this, an interview will be arranged with the USCIS if applying through an adjustment of status or at the U.S. embassy or consulate you designated if applying through consular process. It is necessary to bring the same original documents with you that you submitted when applied for your green card. At this interview, you may or may not be approved.
Step 8 – Await approval status.
After all this has been completed, all you can do is wait for a decision to arrive in the mail. If you are approved, the green card itself will be mailed to your U.S. address.
Before filing any paperwork, it is important to consider whether you’ll need a lawyer’s help. Read on to discover how an immigration attorney can improve your chances of getting a green card and reduce stress for you and your family throughout the process.
How an Immigration Attorney Can Help
Applying for a green card is similar to filing taxes as a small business owner. There are many laws and regulations that apply to your unique situation and missing even one can be detrimental to your success and compliance. That’s why many small business owners hire an accountant to guide them through the tax-filing process; and that’s also why, when applying, many immigrants opt for hiring an experienced immigration lawyer to help them gain their permanent residence.
We should be clear that you are not required to use an immigration lawyer. However, it can certainly be helpful, especially in the event any snags are encountered with your application, or if any other legal steps are required during the process. One of the things an immigration lawyer is most helpful with is to get you headed in the right direction, so you don’t waste valuable time taking wrong steps. A simple consultation with a knowledgeable immigration lawyer can save you months of time and perhaps thousands of dollars, all by avoiding missteps in the process.
Since the process of applying for a green card can be extremely stressful and unpredictable, it can make a world of difference to have a trusted advocate at your side. This lawyer can provide you with good advice no matter what kinds of twists and turns come up, and will help you achieve your goals, no matter what kind of challenges are presented along the way.
For More Information on How to Get Your Green Card – Contact Edwin E. Reyes, Houston Immigration Attorney
The steps involved in securing your green card first consist of determining your eligibility, then proceeding through a multi-step process which includes several waiting periods, and several periods of vigorous activity on your part. It can be a great help to have guidance from an experienced immigration lawyer who knows all the potential challenges which might come up.
Assuming you do enlist legal assistance, you should make sure it’s an actual lawyer — presumably, an immigration lawyer who is well experienced in the intricacies of the green card application process. One such specialist in the field is Edwin E. Reyes, a Houston attorney who has had years of experience helping individuals obtain their green cards.
If you would like to streamline the application process and give yourself the best chance of being approved, you would be well advised to contact the Law Office of Edwin E. Reyes, PLLC. Edwin has helped a many immigrants obtain their green cards, and he can help you as well; contact us by calling 713.936.2295 or submitting the form below.