Obtaining A Green Card
U.S. citizens and lawful permanent residents can sponsor specific family members for lawful permanent resident status, allowing them to live and work in the U.S.
The immigration process for a foreign national getting a green card can be complex and depends on various factors. Consider seeking assistance from a Michigan green card lawyer like Kaur Law PC.
Here is an overview of the basic procedures for U.S. citizens or LPRs to petition for their foreign national family members. Contact our immigration attorneys for an assessment of your situation.
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Green Card Eligibility
Before starting the application process, green card applicants must determine their eligibility. Applicants often apply based on familial relationships, but employment or investment visa holders may also be eligible.
Family members can apply for a green card if closely related to a U.S. citizen or lawful permanent resident.
Spouses, children, and elderly parents may apply based on their relationship to the U.S. citizen.
Siblings of a U.S. citizen are eligible if the sibling is 21 years of age or older. Spouses and children of LPRs may also qualify for a green card based on their relationship.
Individuals with permanent work visas, including those with extraordinary ability, advanced degrees, and skilled employees, are eligible to apply for a green card. Refugees, asylees, survivors of crime, and abused spouses, parents, and children of a U.S. citizen may also be eligible under certain conditions. Kaur Law PC can assist in determining eligibility for a green card application.
How to Get a Green Card
- Filing a Petition: This initial step requires submitting either Form I-130 for family-based applications or Form I-140 for employment-based applications to the United States Citizenship and Immigration Services (USCIS). The purpose of this step is to establish a legitimate relationship between the petitioner and the beneficiary.
- Visa Bulletin Check: Upon approval of the petition, beneficiaries must check the Visa Bulletin published monthly by the U.S. Department of State to determine if a visa is available in their category. Immigration to the United States is subject to caps in certain categories, and this step ensures that applicants know when to proceed. Immediate relatives to U.S. citizens are not subject to a cap and can skip this step.
- Adjustment of Status or Consular Processing: If the beneficiary is already in the U.S., they may be eligible to adjust their status to a lawful permanent resident by submitting Form I-485. For those outside the United States, consular processing is the path whereby the applicant applies for an immigrant visa at a U.S. consulate in their home country.
- Biometrics Appointment: Applicants may be required to attend a biometrics appointment where fingerprints, photographs, and a signature are collected to conduct background and security checks.
- Interview: A critical step in the green card process is the interview, where applicants must attend an interview at either a USCIS office (if adjusting status within the U.S.) or at a U.S. consulate (for consular processing).
- Decision: After the interview, applicants will receive a decision on their application. If approved, they will receive their green card and will be able to live and work permanently in the United States.
It is crucial for applicants to provide accurate and complete information throughout the process and to comply with all USCIS requirements. Missteps can lead to delays or the denial of the application. Kaur Law PC is committed to guiding our clients through each step of this complex process, ensuring they understand their rights and obligations and working towards the successful outcome of their green card application.
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Schedule a consultation with our skilled green card attorneys today and let us guide you towards a successful and stress-free immigration process. Your future in the United States begins here