Green Card:
Your Lawyer to Achieve Your American Dream
How to Obtain the Green Card?
- Permanent residence is an essential step on the road to United States citizenship. With a few very limited exceptions, any non-citizen must first become a lawful permanent resident before becoming a United States citizen.
- Lawful permanent resident cards have historically been green in color, thus the phrase “having a green card” became a phrase colloquially used to mean that one has permanent residence.
- Permanent residence allows a non-citizen to live and work habitually in the United States.
- The overwhelming majority of green cards issued every year fall into two main categories, which are (1) family-based petitions for spouses, parents, children and siblings, and (2) employment-based petitions, most of which are employer-sponsored, with a smaller number being self-petitions.
Employment Based permanent residence
- Individuals seeking to obtain a green card without a US citizen or lawful permanent resident relative, and who do not have a job offer from a U.S. employer, should consider the EB-2 National Interest Waiver and the EB-1A extraordinary ability green cards.
- Individuals with advanced degrees or significant professional experience in areas relating to science, technology, mathematics or engineering generally have the strongest profiles for an EB-2 National Interest Waiver green card, though individuals who are particularly accomplished in other fields may also qualify.
- Individuals in any field, including science, arts, business or athletics, that meet the United States government’s definition of “ extraordinary ” may qualify qualify for an EB-1A green card. The types of evidence that can be presented with an EB-1A petition can include for example :
- Major prizes
- Articles about the applicant in major media or trade publications
- Having played a leading or critical role in a distinguished organization (such as CEO or founder of a company, coach of a sports team, Dean of a department at a university, etc.)
- A high salary or other remuneration in the field
- Publishing academic or scholarly articles
- Individuals who have a willing U.S. employer to sponsor their immigration process may be eligible for the following sponsored employment-based green cards. Below are some of the most common :
- The EB-1C green card for multinational executives or managers. This is very commonly applied for after first obtaining an L-1A visa.
- The EB-1B green card for outstanding professors or researchers, who have a job offer from a U.S. university, comparable institution of higher education or private research institution.
- EB-2 or EB-3 visas sponsored by an employer through the PERM labor certification process. This process requires a U.S. employer to advertise an open position on the U.S. job market and determine if there are willing, able and qualified U.S. workers. If no such U.S. workers apply, the U.S. company may sponsor a green card for the foreign worker to fill the role.
- EB-4 green card for special religious workers. The EB-4 is for U.S. religious organizations or non-profit religious institutions affiliated with a religious organization, to sponsor a foreign religious worker, such as a priest, nun, rabbi, imam, religious teacher or many other religious roles.
Family based permanent residence
For those with a US citizen or lawful permanent resident family member, it may be possible to pursue a family-based immigration option. Depending on the particular facts of the case, it can be possible to petition for spouses, children, parents and siblings.
The majority of green cards issued every year are family-based petitions. A U.S. citizen or lawful permanent resident may file a family based petition for certain family members.
U.S. citizens may file immediate relative petitions for their spouses, parents (as long as the U.S. citizen is over 21), and unmarried children under age 21. These individuals, once the petitions are approved, can be issued green cards immediately. U.S. citizens may also file for their children over 21, married children and siblings, but these visas are limited in number and have much longer processing and visa issuance times. Additionally, U.S. citizens may file a K-1 fiancee visa, which allows a foreign fiancée to come to the United States, marry their U.S. citizen spouse and remain in the country.
Green card holders may file for their spouses and unmarried children of any age.
Family-based immigration can be complex, and there are often multiple different options for the same family member, each with their own processing times, benefits and challenges. It is therefore advisable to speak with an attorney before initiating any family-based immigration process. Given the very long processing times for family-based immigration cases, a mistake made when filing the case may not become apparent until several years later, and can result in a denial, or even worse, result in the family member being declared inadmissible to the United States.
Common situations where it is especially important to consult an attorney include, among many others :
- If the foreign national spouse is in the U.S. illegally, has prior immigration violations, or any sort of arrest or criminal history, even if they were not ultimately prosecuted or found guilty.
- If the foreign national spouse has children from a prior marriage, which they wish to include in the process.
- If the foreign national spouse and U.S. citizen are not yet married, they should consult with an attorney to determine whether it would be more advisable to apply for a K-1 fiancée visa, or whether they should marry and file a family-based petition directly (form I-130).
- If the foreign national family member is in removal (deportation) proceedings.
- If the foreign national children are close to turning 21 years old, as this is the cutoff date for many immigration benefits. If one is nearing the child’s 21st birthday, it is possible to “freeze” the child’s age for immigration purposes by timely filing a petition, and ultimately obtain a green card for a child who has already turned 21.
EB-1A
The EB-1A visa is a category of visa for people in various fields such as sports, arts, business, and sciences. To be eligible, one must provide proof that they are “extraordinary” according to the U.S. government’s standards. This can be achieved by winning a single internationally recognized award, provided you can persuade the U.S. Citizenship and Immigration Services (USCIS) that the award is a clear sign of your exceptional ability in your field.
If you haven’t received a major internationally recognized award, you can still qualify by meeting at least three out of ten possible criteria. These can include evidence of winning significant awards, being featured in major media, having a leading role in a prominent organization, or receiving a high salary or other compensation. You can find the full list of requirements here: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
Additionally, by paying a premium processing fee to the U.S. government, it’s possible to get an initial approval for your visa in just 15 days.
EB-2 National Interest Waiver (NIW)
To be eligible for the EB-2 NIW, you must demonstrate that you intend to pursue a professional endeavor of “national importance” to the United States and that you are “well positioned” to advance the endeavor. Currently, individuals with advanced degrees and some level of success in fields related to science, technology, engineering, mathematics, or human health are most likely to be approved.
Why choose Patriot Immigration for your green card ?
At Patriot Immigration, we understand that U.S. immigration law is complex, but we are here to help you navigate your options for obtaining permanent residence. We conduct a thorough interview with each client to provide a realistic and honest assessment of their immigration paths.
We are committed to providing zealous representation to each client, ensuring that we meet every legal requirement for the immigration benefit they are seeking. Our firm is dedicated to upholding the highest ethical standards, and we will always provide honest and conservative advice to our clients.
We understand that many immigration processes are discretionary and require convincing a U.S. immigration officer. In these cases, we will always provide our clients with the best possible chance of success, while maintaining our commitment to ethical and honest representation.
Testimonials