Green Card Lawyer

Green Card Information – Immigration Lawyer

A green card, officially known as a Permanent Resident Card, is an identification document that proves an individual's status as a lawful permanent resident (LPR) of the United States. Green card holders have the legal right to live and work permanently anywhere in the United States, travel freely in and out of the country, and eventually apply for U.S. citizenship if they choose to do so. The path to obtaining a green card depends on your individual circumstances, including your relationship to U.S. citizens or permanent residents, your employment situation, and other qualifying factors.

At Modern Law Group, we have helped thousands of individuals and families successfully navigate the complex green card process. Our experienced immigration attorneys understand the intricacies of immigration law and work tirelessly to guide you through every step of your journey to permanent residence. Whether you're seeking a green card through family sponsorship, employment, or a specialty category, we have the knowledge and expertise to help you achieve your immigration goals.

Types of Green Cards

The United States offers several pathways to obtaining lawful permanent residence. Understanding which category applies to your situation is the first step toward achieving your green card. The most common green card categories include family-based immigration, employment-based immigration, and various specialty categories designed for specific circumstances.

Family-Based Green Cards

Family-based immigration is one of the most common ways to obtain a green card in the United States. The U.S. immigration system places significant emphasis on family reunification, allowing U.S. citizens and lawful permanent residents to sponsor certain family members for green cards. Family-based green cards are divided into two main categories: immediate relatives and family preference categories.

Immediate Relatives of U.S. Citizens: This category includes spouses of U.S. citizens, unmarried children under 21 years of age of U.S. citizens, and parents of U.S. citizens who are at least 21 years old. Immediate relatives enjoy significant advantages in the immigration process because there is no annual limit on the number of visas available for this category. This means there is no waiting period due to visa availability, and cases can proceed as quickly as USCIS processing times allow.

Family Preference Categories: These categories are subject to annual numerical limits and often have significant waiting periods. The family preference categories include:

• First Preference (F1): Unmarried adult sons and daughters (21 years or older) of U.S. citizens. Current wait times can range from 7 to 22 years depending on the beneficiary's country of birth.
• Second Preference (F2A): Spouses and unmarried children under 21 of lawful permanent residents. Wait times typically range from 2 to 6 years.
• Second Preference (F2B): Unmarried adult sons and daughters (21 years or older) of lawful permanent residents. Wait times can extend from 7 to 23 years.
• Third Preference (F3): Married sons and daughters of U.S. citizens, along with their spouses and minor children. Wait times often exceed 13 to 24 years.
• Fourth Preference (F4): Brothers and sisters of adult U.S. citizens, along with their spouses and minor children. This category has the longest wait times, often exceeding 15 to 24 years.

Employment-Based Green Cards

Employment-based green cards allow foreign nationals to obtain permanent residence through their work or professional qualifications. These green cards are divided into five preference categories, each with specific requirements and annual limits. Employment-based immigration is an excellent option for skilled workers, professionals, investors, and individuals with extraordinary abilities in their fields.

EB-1: Priority Workers: This first preference category is reserved for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives. EB-1 applicants typically do not require labor certification, which can significantly expedite the process. The three subcategories include:

• EB-1A (Extraordinary Ability): For individuals who have demonstrated extraordinary ability in sciences, arts, education, business, or athletics through sustained national or international acclaim.
• EB-1B (Outstanding Professors and Researchers): For professors and researchers with at least three years of experience who are recognized internationally as outstanding in their academic field.
• EB-1C (Multinational Managers or Executives): For managers and executives who have been employed abroad by a multinational company for at least one of the three years preceding their application.

EB-2: Professionals with Advanced Degrees or Exceptional Ability: This second preference category is for professionals holding advanced degrees (master's or higher) or individuals with exceptional ability in sciences, arts, or business. Most EB-2 cases require a labor certification from the Department of Labor, though a National Interest Waiver (NIW) may be available for those whose work benefits the United States.

EB-3: Skilled Workers, Professionals, and Other Workers: This third preference category includes skilled workers with at least two years of training or experience, professionals with bachelor's degrees, and unskilled workers capable of performing labor for which qualified workers are not available in the United States. Labor certification is required for EB-3 cases.

EB-4: Special Immigrants: This fourth preference category includes religious workers, certain employees of U.S. foreign service posts, retired employees of international organizations, and other special categories defined by law.

EB-5: Immigrant Investors: This fifth preference category is for investors who make substantial capital investments in U.S. commercial enterprises that create jobs for U.S. workers. The standard investment amount is $1,050,000, though this is reduced to $800,000 for investments in Targeted Employment Areas (TEAs), which include rural areas and areas with high unemployment.

Understanding Priority Dates

The priority date is one of the most important concepts in the green card process. Your priority date essentially determines your place in line for an immigrant visa. For family-based cases, the priority date is typically the date USCIS receives your Form I-130 petition. For employment-based cases requiring labor certification, the priority date is usually the date the Department of Labor receives the PERM application. For cases not requiring labor certification, the priority date is the date USCIS receives the I-140 petition.

The Department of State publishes a monthly Visa Bulletin that shows which priority dates are currently being processed for each category and country of birth. When your priority date becomes "current" (meaning it matches or is earlier than the date shown in the Visa Bulletin), you become eligible to complete the final step of the green card process through either adjustment of status or consular processing.

Priority dates can advance quickly in some categories while remaining stagnant or even retrogressing in others. Categories with high demand from heavily backlogged countries like India, China, Mexico, and the Philippines often experience slow movement. Understanding your priority date and monitoring the Visa Bulletin is essential for planning your immigration journey.

Adjustment of Status vs. Consular Processing

Once your priority date becomes current, you have two options for completing your green card application: adjustment of status or consular processing. The option you choose depends on where you are located and your specific circumstances.

Adjustment of Status (Form I-485)

Adjustment of status allows you to apply for your green card while remaining in the United States. This process is available to individuals who are physically present in the U.S. in lawful immigration status (with some exceptions). The adjustment of status process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents, medical examination results, and applicable fees.

Advantages of adjustment of status include:

• Remain in the United States: You don't need to leave the country during the process, which is especially beneficial if you have a job, family, or other ties in the U.S.
• Work Authorization: While your adjustment application is pending, you can apply for an Employment Authorization Document (EAD), allowing you to work for any employer.
• Travel Authorization: You can also apply for Advance Parole, which allows you to travel internationally without abandoning your application.
• Protection from Removal: Pending adjustment applicants generally have protection from deportation while their case is being processed.

The adjustment of status process involves several steps: filing the application with USCIS, attending a biometrics appointment for fingerprints and photographs, potentially attending an interview at a local USCIS office, and finally receiving a decision on your application. If approved, you'll receive your green card in the mail, typically within a few weeks of approval.

Consular Processing

Consular processing is the alternative method for obtaining a green card when you are outside the United States or prefer to process your case abroad. After your immigrant petition is approved and your priority date becomes current, your case is transferred to the National Visa Center (NVC) and then to a U.S. embassy or consulate in your home country for an immigrant visa interview.

The consular processing procedure involves:

• NVC Processing: The National Visa Center collects visa application forms (DS-260), civil documents, and the Affidavit of Support from the petitioner.
• Document Submission: You submit all required documents, including birth certificates, police clearances, and financial documents.
• Medical Examination: You complete a medical examination with a designated panel physician in your country.
• Interview: You attend an immigrant visa interview at the U.S. embassy or consulate.
• Visa Issuance: If approved, you receive an immigrant visa that allows you to travel to the United States.
• Entry to the U.S.: Upon entering the United States with your immigrant visa, you become a lawful permanent resident, and your green card is mailed to your U.S. address.

Green Card Processing Times

Processing times for green cards vary significantly based on the type of green card, the applicant's country of birth, and the current workload at USCIS and the National Visa Center. Here's a general overview of what to expect:

Required Documents for Green Card Applications

Gathering the proper documentation is essential for a successful green card application. While specific requirements vary by category, most applications require:

• Identity Documents: Valid passport, birth certificate, and passport-style photographs.
• Relationship Evidence (Family-Based): Marriage certificate, divorce decrees from prior marriages, evidence of bona fide relationship.
• Employment Evidence (Employment-Based): Labor certification (if applicable), job offer letter, evidence of qualifications, employer documentation.
• Financial Documents: Affidavit of Support (Form I-864), tax returns, employment verification, bank statements.
• Medical Examination: Form I-693 completed by a USCIS-designated civil surgeon (adjustment of status) or panel physician (consular processing).
• Police Clearances: Criminal record checks from countries where you've resided.
• Immigration History: Copies of prior visas, I-94 records, previous immigration applications.

Common Challenges and How We Help

The green card process can be complex, and many applicants face challenges that require experienced legal guidance. Common issues include:

Inadmissibility Grounds: Certain conditions can make you inadmissible to the United States, including health-related issues, criminal history, immigration violations, and prior deportation orders. Our attorneys are experienced in identifying potential inadmissibility issues and pursuing appropriate waivers when available.

Unlawful Presence Bars: If you've accumulated unlawful presence in the United States, you may be subject to 3-year or 10-year bars on reentry. We can evaluate your situation and advise on strategies to address these bars, including provisional unlawful presence waivers.

Requests for Evidence (RFEs): USCIS may request additional documentation or clarification during your case. Our team has extensive experience responding to RFEs effectively to keep your case moving forward.

Interview Preparation: Whether your interview is at a USCIS office or a U.S. consulate, proper preparation is crucial. We thoroughly prepare our clients for what to expect and how to present their cases effectively.

Green Card Benefits and Responsibilities

Obtaining a green card comes with significant benefits and important responsibilities that all permanent residents should understand:

Benefits of Permanent Residence:

• Live and work permanently anywhere in the United States
• Travel freely in and out of the country (with some limitations)
• Sponsor certain family members for green cards
• Access to Social Security benefits after meeting work requirements
• In-state tuition rates at many public universities
• Path to U.S. citizenship after meeting eligibility requirements
• Protection under U.S. laws and constitutional rights

Responsibilities of Permanent Residents:

• Obey all federal, state, and local laws
• File income tax returns and report income to the IRS
• Register with the Selective Service (males ages 18-25)
• Maintain permanent resident status and carry proof of status
• Update address with USCIS within 10 days of moving
• Not abandon residency through extended absences from the U.S.

Why Choose Modern Law Group for Your Green Card Case

With over 10,000 successful approvals, Modern Law Group has established itself as a trusted leader in immigration law. When you choose our firm for your green card case, you benefit from:

Experienced Attorneys: Our immigration attorneys have decades of combined experience handling all types of green card cases. We stay current with the constantly changing immigration laws and policies to provide you with the most effective representation.

Personalized Service: Every case is assigned to a dedicated caseworker who speaks your language and understands your cultural background. You'll have direct access to your case team throughout the process.

Comprehensive Support: From initial consultation to green card approval, we handle every aspect of your case. We complete all forms, gather required documentation, prepare you for interviews, and respond to any government requests.

Transparent Communication: We keep you informed at every stage of your case through our secure client portal. You'll always know the status of your application and what to expect next.

Proven Track Record: Our high approval rate reflects our commitment to thorough case preparation and attention to detail. We identify potential issues early and develop strategies to address them proactively.

Multilingual Staff: We serve clients in multiple languages, including English, Spanish, Russian, Ukrainian, and more, ensuring clear communication throughout your case.

Do You Need to Talk to a Green Card Lawyer?

Navigating the green card process on your own can be overwhelming and risky. A single mistake on your application can result in delays, denials, or even bars to future immigration benefits. Our experienced green card attorneys are here to guide you through every step of the process, from determining your eligibility to celebrating your approval.

Whether you're seeking a family-based green card to reunite with loved ones, an employment-based green card to advance your career in America, or exploring other pathways to permanent residence, Modern Law Group has the expertise to help you succeed. We offer free initial consultations to evaluate your case and explain your options.

Contact our office today to schedule your free consultation. Let us put our experience to work for you and help you achieve your American dream.