A Green Card grants you the right to live and work permanently in the United States. It serves as proof of your status as a lawful permanent resident.
The process of obtaining a Green Card involves navigating complex legal requirements and procedures. Understanding each step holds immense importance for applicants and their families.
Here is a broad overview of what to expect when applying for a Green Card.
Types of Green Cards
Each type has unique eligibility criteria and purposes. Here are some of the more common examples:
- Special Categories
Specific groups of individuals can apply for Green Cards under special circumstances. These include refugees and asylees, Cuban Adjustment Act applicants, certain individuals under the Violence Against Women Act, and others eligible under specialized programs or statuses. - Family-Based Green Cards
U.S. citizens and permanent residents may sponsor certain family members for a Green Card. Immediate relatives such as spouses, children, and parents of U.S. citizens can benefit. - Diversity Lottery Green Cards
The Diversity Visa Lottery allows individuals from countries with low levels of immigration to the United States to apply for a chance to obtain a Green Card. The program makes 55,000 Green Cards available annually. - Employment-Based Green Cards
These Green Cards cater to foreign nationals seeking permanent residency through employment in the United States.
Eligibility Requirements
Applicants must meet specific general criteria for a Green Card. Such requirements include:
- Maintaining a clear criminal record
- Being admissible under U.S. immigration laws
- Demonstrating financial stability or a valid sponsorship
- Showing intent to reside permanently in the United States
- Proving your identity and providing valid identification documents
The Application Process
You begin by filing a petition. Each type has a unique form, so make sure you are using the right application for the job.
After receiving approval of the initial petition, you proceed with Form I-485. This form is essential for adjusting your status to a lawful permanent resident while residing in the U.S. Provide personal details with the form, including current immigration status and employment, through this form. Also, include the required filing fee with Form I-485. Pay close attention to submission deadlines and instructions, as delays may affect processing time.
Next, gather comprehensive supporting documents for a thorough application package. Essential documents include a copy of the applicant’s birth certificate and proof of identity, such as a passport. Evidence of legal entry into the U.S., like a visa or I-94 travel record, is needed. Financial support documents, including an affidavit of support (Form I-864), where applicable, are required to demonstrate the ability to financially support the applicant. Medical examination records, such as Form I-693, completed by a USCIS-designated civil surgeon, should also be included. Depending on the category, additional certifications or proofs may apply, ensuring all aspects of eligibility are adequately covered.
Interview
Your next step is attending a Green Card interview. This is a critical stage of the application process. It is the final opportunity for U.S. Citizenship and Immigration Services (USCIS) officials to assess the legitimacy and eligibility of an applicant.
You must attend the interview in person at a designated USCIS office. Proper preparation is crucial, as you will be asked questions about your background, application details, and any supporting documentation you have provided.
Questions may include inquiries into the applicant's family relationships, employment history, or personal circumstances, depending on the Green Card you seek. It is essential to bring original documents and any additional evidence that may support the application.
The interviewing officer will also evaluate your ability to reside permanently in the U.S., scrutinizing aspects such as intent and compliance with immigration laws. Following the interview, the officer may approve the Green Card application on the spot, request further evidence, or issue a decision by mail after further review.
Medical Examination and Vaccinations
A medical examination conducted by a USCIS-designated civil surgeon is mandatory. It ensures the applicant meets health-related criteria for immigration.
The examination includes a review of medical history, physical assessment, and necessary laboratory tests. Required vaccinations, as specified by U.S. immigration laws, include measles, mumps, rubella, polio, tetanus, diphtheria, pertussis, hepatitis B, and others. A completed Form I-693, Report of Medical Examination and Vaccination Record, documents the results.
Final Decision and Notification
After the Green Card interview and medical examination, USCIS or the Department of State reviews the complete application. The assessment includes verifying provided information, checking eligibility, and ensuring compliance with immigration laws.
A decision notification follows the evaluation process. Successful applicants receive their Green Card, granting lawful permanent resident status. If denied, the applicant receives a notice of denial stating reasons and options for appeals or additional applications.
The overall process can be daunting and complicated, but with the right legal help, you can manage this process and get closer to obtaining the Green Card you seek.
Hubbs Law, P.A. is here to help you through the Green Card process. To speak with our team, you can contact us online or call our office at (305) 570-4802.
Disclaimer: Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.