Green Card 101: How to Apply for an Immigrant Visa to the U.S.
A green card (lawful permanent residency) allows a person to live and work in the United States on a permanent basis. It can also lead to a path to apply for American citizenship. Do you have questions about eligibility for a green card and/or the green card application process? At The Law Offices of Ricky Malik, P.C., we are an immigration law resource you can trust. Read on for a Virginia immigration lawyer’s guide to green cards.
Understanding the Different Paths to a Green Card
United States Citizenship and Immigration Services (USCIS) explains that a green card (officially known as a lawful permanent resident card) is a legal document that allows a person to live and work in the United States on a permanent basis. It is not the same thing as American citizenship, but it is permanent legal residence. There are multiple immigration options for a green card. Each of them is subject to its specific statutory requirements and procedures. Some of the most notable paths to a green card include:
- Family-Based Immigration: The majority of people who qualify for a green card do so through their connection with a family member. United States citizens and lawful permanent residents can petition for certain relatives. Immediate relatives (spouses, unmarried minor children, and parents of U.S. citizens) are not subject to annual visa caps. Other family members fall into preference categories that are limited by statute.
- Employment-Based Immigration: Employers may sponsor workers who qualify under five employment-based preference categories. These include individuals with extraordinary ability, professionals with advanced degrees, skilled workers, and certain specialized categories such as religious workers. Labor certification may be required. An employment visa can potentially, but not always, lead to a green card.
- Diversity Visa Lottery: The Diversity Immigrant Visa Program allocates green cards annually to individuals from countries with historically low U.S. immigration rates. Selection is random, but applicants must meet strict education or work experience requirements in order to be eligible to apply for lawful permanent resident status through the lottery.
- Refugee or Asylum Status: A person admitted to the U.S. as a refugee or granted asylum may apply for a green card after one year. These applications are exempt from visa caps and filing fees in some cases. It could be an option for some vulnerable people.
- Special Categories: Finally, there are a few special categories of immigration options. Other statutes provide eligibility for groups such as victims of trafficking (T visas), crime victims (U visas), and certain abused spouses or children under the Violence Against Women Act (VAWA). These pathways require evidence of qualifying circumstances.
Eligibility Requirements for an Immigrant Visa
How do you prove that you are eligible to get an American green card? The answer will depend on your specific circumstances. Indeed, green card applicants must satisfy both general and category-specific eligibility criteria. Here is a broad overview of key points:
- Admissibility: You must be admissible as a broad eligibility standard. That means that you must not fall under inadmissibility grounds listed in the Immigration and Nationality Act (INA), such as criminal convictions, immigration fraud, or certain health conditions.
- Sponsorship: In most cases, a petitioner (family member or employer) must file a petition with the U.S. Citizenship and Immigration Services (USCIS). Though there are some exceptions for some categories of green cards.
- Financial Support: For family-based applicants, there is a requirement that they must submit an affidavit of support (Form I-864) demonstrating that the petitioner can provide financial backing above 125 percent of the federal poverty guidelines.
- Documentation: Finally, you must present valid identification, birth and marriage records, police certificates (if applicable), and medical examination results by a USCIS-approved physician. Documentation is key in the green card application process.
An Overview of the Application and Interview Process
The immigrant visa application process varies depending on whether the applicant is in the United States (adjustment of status) or abroad (consular processing). Our Virginia immigration attorney can help you navigate the entire process. Here are some of the notable stages:
- Petition Filing: The sponsoring family member or employer files a petition (Form I-130 or Form I-140) with USCIS. Approval is required before the immigrant visa process begins.
- Priority Dates/Visa Availability: For preference categories, applicants must wait for their priority date to become current on the Department of State Visa Bulletin. To be clear, immediate relatives are not subject to these limits.
- Application: The next step is that applicants complete Form DS-260 (for consular processing) or Form I-485 (for adjustment of status). They must include all required supporting documents and records.
- Biometrics Appointment: USCIS collects fingerprints, photographs, and a signature to conduct background and security checks.
- Interview: Finally, applicants must attend an interview at a U.S. embassy, consulate, or USCIS field office. An officer reviews documents, evaluates credibility, and verifies eligibility. Applicants must answer questions under oath. You can have a Virginia green card attorney with you during the interview.
What to Expect After Your Green Card is Approved
Approval grants lawful permanent resident status. With this status come both rights and responsibilities. Green card holders may live and work permanently in the United States. They may also sponsor certain relatives for immigration. Further, they apply for citizenship after meeting residency requirements. If you are a green card holder with any questions about the citizenship through naturalization process, our Virginia immigration attorney can help.
How Our Virginia Green Card Lawyer Can Help
Green card applications are complicated. If you have a lot of questions about your rights, your options, and/or the application process, professional guidance and support is available. At The Law Offices of Ricky Malik, P.C., we put clients first. Our firm provides detail-focused legal representation. Your initial consultation with our Virginia immigration attorney for green cards is fully confidential and carries no additional obligations.
Contact Our Virginia Green Card Attorney Today
At The Law Offices of Ricky Malik, P.C., our Virginia immigration attorney has the skills and experience to help you navigate all aspects of a green card case. If you have any questions about your rights or your options, please do not hesitate to contact us today for a completely confidential case consultation. We handle green card cases throughout all of Northern Virginia.
