Permanent Residency - Green Card Attorneys

Permanent Residency is an immigration status that allows a person who is not a U.S. citizen to live and work permanently in the United States. Individuals who have permanent resident status are commonly referred to as “green card holders” because they receive a Permanent Resident Card as proof of their status. Permanent residents may live anywhere in the United States, work for most employers, attend school, and travel internationally, although they must continue to meet certain requirements to maintain their status. This page seeks to provide detailed information on how to obtain permanent residency.

There are two primary ways to obtain permanent residency: Adjustment of Status and Consular Processing. Adjustment of Status is available to eligible individuals who are already in the United States, while Consular Processing is generally used by individuals applying from outside the United States. Eligibility for permanent residency is based on an underlying immigrant category, the most common of which include family-based petitions, employment-based petitions, and refugee or asylee status.

What is Adjustment of Status?

Adjustment of status refers to the legal process used to apply for lawful permanent resident status from within the United States. This is also known as applying for a green card, which allows an immigrant to reside legally within the United States and work. The goal of this process is to obtain permanent residency. With an adjustment of status an immigrant can apply to change their status without returning to their home country if you have already been either admitted or paroled into the United States. Being paroled into the United States means you were physically allowed to enter but are not considered to have entered legally.

If you are an immigrant who is already in the United States, would like to remain here, and can maintain a valid immigration status during the process, you may be able to apply for an adjustment of status. It is important to meet all eligibility requirements, such as legal entry, physical presence, and relationship criteria, and to understand relevant immigration laws to avoid delays or denials. Visas play a crucial role in this process, as they determine your legal entry and status in the U.S. Most people apply for adjustment of status through a petition filed on their behalf by a family member or employer.

An adjustment of status lawyer can help applicants navigate the process, especially when it comes to understanding visas, eligibility requirements, and ensuring compliance with immigration laws.

Adjustment of Status Process

Before applying for adjustment of status, an individual must make sure they are eligible for a green card and determine the correct immigrant category under which they qualify to apply. It is important to identify whether a family member or employer will be filing the required petition filed on their behalf, as this is a key step in the process.

How Much Does an Adjustment of Status Cost?

There are fees associated with any immigration application. Most applicants are responsible for paying the required fees for their adjustment of status applications. The fees required for your initial petition (which depends on what category you fall under) must be paid first. If you would like to expedite your employment petition, there is a $2,965 fee for premium processing. When filing the adjustment of status, the fee for most applicants is $1,140, plus an $85 fee for the biometrics processing. These fees are waived if you are applying as a refugee and in some other categories.

Processing time for adjustment of status applications can vary depending on the type of application, the applicant’s individual circumstances, and current USCIS workloads. USCIS may request additional documentation after your application is filed, which can lead to delays.

Please note that all of these fees are current at the time of this writing but you should check the USCIS website for the most updated fee schedules and for variations in pricing for different age groups.

Seeking professional legal assistance can help applicants understand fee waivers, exemptions, and navigate the cost aspects of the adjustment of status process.

It is important to accurately complete and submit all required forms, such as Form I-485, to register permanent residence. Your application and supporting documents will be processed by U.S. Citizenship and Immigration Services (USCIS), which oversees the review and approval of applications for permanent residence.

Obtaining permanent residence is a key step toward United States citizenship, as it allows you to eventually apply for citizenship through naturalization.

What is Consular Processing?

Consular Processing is for non-U.S. citizens who would like to apply for permanent residence in the U.S. but are still in their home country. In this situation, you would apply at the U.S. Consulate or Embassy closest to where you live and emigrate to the United States after being granted residency. The steps to do so are as follows:

• First, you must find out whether you are eligible to apply for a green card, and if so which type.
• Next, you must file the Immigrant Petition with any documentation and fees required.
• Then, you wait for a decision.
• If your petition is approved, you wait for notification from the National Visa Center to advise when a visa becomes available and when to pay the applicable fees. If the petition is denied, you may be allowed to appeal the decision.
• When a visa becomes available, you will be scheduled for an interview at the consular office.
• The consular officer will give you a “visa packet” and advise you of the applicable fees to pay online before leaving your home country. The visa packet should be given unopened to the U.S. Customs and Border Protection officer when you enter the U.S.

“The most important thing in the world is family and love.” – John Wooden

Types of Green Card Petitions

As previously discussed, there are three types of underlying petitions that can lead to permanent residency. The three categories to choose from for an adjustment of status are:

• Family-based green card
• Employment-based green card
• Refugee/Asylee green card

Family Based Green Card

United States citizens and permanent residents have the right to petition the USCIS to bring their family members into the United States using an immigrant visa known as a Family-Based Green Card. This is the most common type of visa, accounting for 65% of yearly legal immigration.

There are two different categories of family green cards:

• Immediate Relative Immigrant (IR) Visa
• Family Preference Immigrant Visa

Only those who are eligible under immigration law can apply for these visas.

If you are the relative of a U.S. citizen or green card holder, a family member—such as a spouse, parent, or sibling—can have a petition filed (such as Form I-130) on your behalf to begin the process of status adjustment. Immediate relatives of U.S. citizens (spouses, parents, and unmarried minor children) are prioritized and can often have their petition filed and adjustment of status application submitted concurrently. Otherwise, your place “in line” is determined by the date your application is received.

What is an Immediate Relative Immigrant (IR) Visa?

The immediate relative visa is for immigrants who are looking to re-unite with members of their nuclear family — meaning their parents, children, or spouses, who are U.S. Citizens. The immediate family members who are adult U.S. Citizens sponsor the immigrant family members, then they apply for the visa before immigrating, and once their application is approved, they are subsequently permitted to move to the United States.

There is no annual limit on the number of these visas that get approved, unlike other types of visas. Immediate relatives of U.S. citizens have priority over other types of visas which may have to wait for a number to become available.

Immediate Relative Immigrant visas can be issued to the spouse of a U.S. citizen, the unmarried child, or children under age 21 of a U.S. citizen, an orphan adopted abroad by the U.S. citizen, an orphan that is going to be adopted by a U.S. citizen, and parents of a U.S. citizen who is aged 21 or older.

The process for applying for entry to the United States via an Immediate Relative Immigrant Visa through Consular Processing is:

1. The U.S. Citizen relative desiring to sponsor their immediate family member files a USCIS form petitioning for their family member. When that is approved,
2. the National Visa Center (NVC) will contact you with further instructions regarding documents and fees,
3. an interview is scheduled with a consular officer,
4. background checks are run and a decision will be made, and
5. once the immigrant visa is approved, the family member receives a passport with a United States visa that has an expiration date.
6. The immigrant family member pays a green card fee. They become a permanent resident when they enter the U.S., and the green card will be mailed to them at the U.S. address they provided.

If the family member wishing to obtain residency through Adjustment of Status using an Immediate Relative Immigrant Visa is already in the United States, it is a matter of filing different documents, with the caveat that they must be in the country legally with no previous violations of immigration or criminal law.

What is a Family Preference Immigrant Visa?

The family preference immigrant visa is for non-immediate family members of U.S. citizens or immediate family members of permanent residents. Applicants must meet specific eligibility requirements and provide evidence to support their relationship to the sponsor or parent. Forms must be filed with the government, and approval is required before proceeding. The process is subject to government fees and filing fees, and applicants should verify current costs before submitting their request. The annual limit for these types of visas is 226,000. You can check availability here The Visa Bulletin (state.gov)

The different types of family preference immigrant visas available are:

Family First Preference (F1)

First preference is given to sponsoring unmarried sons and daughters of U.S. citizens who are 21 years of age or older

Family Second Preference (F2)

(A) spouses and unmarried children younger than 21 years of age of lawful permanent residents and (B) unmarried children 21 years of age and older of lawful permanent residents

Family Third Preference (F3)

Married children of U.S. citizens

Family Fourth Preference (F4)

Siblings of U.S. citizens that are 21 years of age and older

The family member who is the U.S. citizen or permanent resident must petition to bring their immigrant family member over by applying to the USCIS using the correct forms. Afterward, if the form is approved, the case goes to the National Visa Center (NVC), which conducts various screenings, background checks, interviews, medical examinations, and collects any fees.

To summarize, U.S. citizens can petition to bring over their immigrant spouse, children, parents or siblings. Permanent residents can only petition for spouses or unmarried children.

Notably, fiancé visas may also be considered family-based visas, although they are technically nonimmigrant visas.

A lawyer or qualified attorney can help ensure the status adjustment process is handled correctly and efficiently, assisting with documentation, eligibility, and representation throughout the process.

Employment-Based Green Card

For most employment-based green card applications, a job offer from a U.S. employer is required. If your employer will be sponsoring your green card application for work purposes, often the immigration form you need to use confirms that the employer has a job opening for which you, as the applicant, are qualified and for which they were unable to find an equally qualified U.S. worker. With this application, for an additional $2,965 fee payable to the immigration department, they will prioritize your application. If this premium processing avenue is chosen, your application will only take between 14-45 days to process, though overall processing time may vary depending on the applicant’s circumstances and USCIS workload.

If you apply via Adjustment of Status instead of Consular Processing, while your adjustment of status application is pending, you may also apply for an employment authorization document (EAD) or work permit, which allows you to work legally in the U.S. during this period. Traveling outside the U.S. during the adjustment of status application could jeopardize the application so it is always important to consult with an attorney before any international travel while you are going through this process.

An experienced attorney can help applicants navigate the process, ensure all documentation is properly prepared, and provide guidance on expected processing times. Lawyers help applicants prepare for USCIS interviews by reviewing case details and potential concerns.

Refugee / Asylee Green Card

If you were admitted to the United States with refugee status or as an asylee, you are eligible to apply for adjustment of status after maintaining refugee/asylee status for a period of one year. If you are the spouse or unmarried minor child of someone already admitted into the United States as a refugee and granted asylum, you may also apply under this category. In addition, certain special immigrant categories may also qualify applicants to apply for adjustment of status through specific programs. These types of petitions need to be filed at the Texas Service Center.

Once it is established that you meet one of the above criteria, you can begin the application process. The steps are as follows:

1. First step is to figure out which form you need and make sure to fill the form out precisely and accurately. Applicants will have to pay the appropriate filing fees and submit any supporting documents required.
2. USCIS will review your petition and let you know if they need anything else in order to process it. As part of this review, applicants must undergo background checks and meet other requirements for eligibility. This can take anywhere from a few months to more than a year. If you have urgent circumstances, you may be able to expedite your USCIS request. Once your petition is granted, you can find out when a visa in your category will become available by checking the website. Some family based green card categories have no wait, but other types of petitioners may have to wait years for a visa to become available.
3. When the visa becomes available, there is an adjustment of status form that must be filled out, as well as other optional paperwork that allows you to work and travel legally while waiting for the decision. You will pay the appropriate fees for this form at this time and submit photos and any supporting documentation required. You will be given a biometrics appointment where you will have to submit to fingerprinting and eye scans.
4. USCIS may or may not require an in-person interview after conducting your background check. Your responses to any in-person questions will be given under oath in this interview.
5. After this interview, if no further interviews are deemed necessary, the decision will be made to grant or deny your application. If approved, you will be mailed your green card. If denied, there is an appeal process you may choose to pursue.

Overview of General Citizenship Process After Obtaining a Green Card

The steps to becoming a citizen of the United States are as follows:

1. Pay the required fees, fill out all of the forms, and find someone to sponsor you in order to get your green card.
2. Following receipt of your green card, you will have wait 3 to 5 years (determined by other factors) before you apply for naturalization.
3. The naturalization process is then initiated by filing a N-400 form https://www.uscis.gov/n-400 with the USCIS. From there, the USCIS will require you to complete a biometrics screening. Biometrics screenings include the collection of fingerprints, photographs, and a signature.
4. Complete an interview. At the interview, you will be asked questions regarding your truthfulness about wanting to become a naturalized citizen and you must pass the Civics and History test.
5. Based upon that interview, your Naturalization application will either be granted, denied, or continued. If your application is continued, you may be asked to obtain additional documentation.
6. If your application is granted, you will then be asked to take the Oath of Allegiance in a Naturalization Ceremony.

Here is some information about life in the United States as well as a guide for new immigrants provided by USCIS.

The Importance of Hiring an Immigration Lawyer

Navigating the immigration process can be overwhelming and confusing. Mistakes can set your paperwork back for months, if not more. An experienced immigration lawyer can make all the difference. We know the paperwork required regardless of your particular circumstances and understand what the USCIS is looking for during interviews. In the event of any denials, your immigration attorney can step in as your advocate and dispute the denial as well as correct any issues and get you back on track to obtaining your green card or citizenship.

The experienced team of immigration law professionals at Siri & Glimstad LLP understands the importance of this process and has the tools and knowledge to guide you through it as efficiently as possible.

At Siri & Glimstad LLP, we have represented thousands of clients in immigration matters. Our motto is simple – Dedication, Efficiency, and Commitment to the end goal.

We also handle other types of immigration cases including:

• Fiancé Visas
• Naturalization
• Vaccine Waivers and Exemptions
• Employment Based Visas

If you or a loved one need help with any issues concerning immigration, please contact us. Hablamos español.