Office Location is Irving, Texas and Albuquerque, New Mexico
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Office Location is Irving, Texas and Albuquerque, New Mexico
For countless individuals worldwide, the dream of obtaining a Green Card represents a pathway to new opportunities, security, and a brighter future in the United States. Recognizing the profound significance of this journey, the dedicated Albuquerque green card lawyers at John W. Lawit, LLC, are fully prepared to provide the expert legal guidance and steadfast support necessary to transform this dream into a tangible reality.
A Green Card, officially known as a Permanent Resident Card, is an identification document issued by the United States Citizenship and Immigration Services (USCIS) to immigrants who have been granted lawful permanent residency in the United States. It signifies that the holder has been granted the privilege of residing permanently in the U.S.
Green Card holders possess significant rights, including the ability to live and work permanently anywhere in the United States. This includes the freedom to travel in and out of the country, though extended absences can impact residency status.
They are also entitled to certain federal, state, and local benefits, such as Social Security, Medicare (after a qualifying period), and public education, similar to U.S. citizens.
However, these rights come with corresponding obligations.
Green Card holders are required to pay federal, state, and local taxes, just like U.S. citizens. They must also obey all U.S. laws and are subject to deportation for certain criminal offenses.
Maintaining permanent residency in the U.S. is crucial; prolonged absences can lead to the presumption of abandonment of residency. Additionally, male Green Card holders between the ages of 18 and 25 are generally required to register for the Selective Service.
Before embarking on the green card application process, you need to determine your eligibility. This involves identifying the appropriate green card category for your situation, as eligibility criteria vary significantly based on factors such as family relationships to U.S. citizens or lawful permanent residents, employment opportunities, investment in the U.S. economy, refugee or asylum status, or participation in special programs.
Our Albuquerque green card attorneys understand these specific upfront requirements and help you with the documentation you’ll need, the petitions that must be filed, and the overall trajectory of your application.
Family-based green cards are for individuals with qualifying relationships to U.S. citizens or lawful permanent residents (Green Card holders). These categories are divided into “Immediate Relatives” and “Family Preference Categories.”
Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) have visas immediately available, meaning no waiting period based on quotas. Family preference categories, which include adult children and siblings of U.S. citizens, and spouses and unmarried children of Green Card holders, are subject to annual quotas and thus often have waiting periods determined by the Visa Bulletin.
Employment-based green cards are for foreign nationals who have specific job skills or have received job offers from U.S. employers. These categories are often divided into five preference groups (EB-1 through EB-5), each with distinct requirements.
Each category has specific labor certification requirements and annual quotas.
Navigating the green card application process can be complex and fraught with potential pitfalls. Understanding each step, from initial eligibility determination to the final interview, avoids delays, rejections, or even serious legal complications.
Familiarity with the required documentation, specific deadlines, and potential challenges associated with different application categories can significantly streamline the process and increase your chances of a successful outcome.
The initial step in applying for a green card involves accurately identifying the correct eligibility category. This dictates the entire application trajectory, including the specific forms to file, the supporting documents required, and the processing timelines.
For most family-based and some employment-based green card applications, the process begins with filing a petition with USCIS.
For family-based petitions, U.S. citizens or lawful permanent residents typically file Form I-130, Petition for Alien Relative, on behalf of their family members. For employment-based green cards, employers usually file Form I-140, Immigrant Petition for Alien Worker, for their prospective employees, often after obtaining a labor certification from the Department of Labor.
Adjustment of Status, primarily through filing Form I-485, is the process by which eligible foreign nationals who are already present in the United States can apply for lawful permanent resident status without having to return to their home country to complete visa processing. This typically applies to individuals who entered the U.S. legally and meet specific criteria based on their green card category, such as those with approved family-based or employment-based petitions and an available visa number.
The I-485 application includes various supporting documents, a medical examination, and biometrics submission, culminating in an interview with USCIS to determine eligibility.
Interview preparation is a critical phase of the green card application process, especially for those who will undergo an interview with USCIS or a U.S. consulate abroad. This stage involves gathering all original supporting documents, reviewing your application for accuracy, and understanding the types of questions you may be asked.
Proper preparation can alleviate anxiety and significantly improve the chances of a successful interview outcome, ensuring you are ready to clearly and confidently articulate the details of your eligibility and intent.
Visa availability is a crucial factor in the green card application process, especially for categories with annual quotas. The U.S. Department of State publishes the Visa Bulletin monthly, which provides updated information on visa availability.
This bulletin includes a “Final Action Dates” chart and a “Dates for Filing” chart.
When reviewing the Visa Bulletin, locate your visa category (e.g., F1, F2A, EB-1, EB-2, etc.) and your country of birth. The dates listed under your category will indicate if your priority date is current (meaning a visa is immediately available) or if there is a waiting period.
“C” means current (no backlog), while a specific date means your priority date must be on or before that date.
If your priority date is not current, you will have to wait until it becomes current according to the Visa Bulletin before you can proceed with the final steps of your green card application, such as the interview or approval of your Adjustment of Status. This waiting period can vary significantly depending on the demand for visas in your category and country.
An Albuquerque marriage green card lawyer specializes in helping individuals obtain lawful permanent residency through marriage to a U.S. citizen or lawful permanent resident. This niche requires a deep understanding of family-based immigration law, focusing specifically on spousal petitions, adjustment of status, consular processing, and the intricacies of proving a bona fide marriage to USCIS.
They assist clients in gathering crucial evidence of a legitimate relationship, preparing for marriage-based interviews, and addressing potential challenges like previous divorces, immigration violations, or suspicion of marriage fraud. Their expertise is honed to navigate the specific legal and evidentiary requirements unique to marital green card applications.
Working with our immigration lawyers in Albuquerque is advisable in several situations to ensure a smooth and successful application process. Some examples of when you might need to hire a lawyer in this niche include:
Yes, a Green Card can be revoked, a process known as rescission or removal. This typically occurs if USCIS determines that the individual was not eligible for the Green Card at the time it was granted, or if they have committed certain criminal offenses or violated immigration laws.
Common reasons for revocation include marriage fraud, committing serious crimes, failing to maintain continuous residency in the U.S., or falsely claiming U.S. citizenship.
While both a Green Card and U.S. Citizenship grant the right to live and work permanently in the U.S., U.S. Citizenship provides additional rights and protections.
Green Card holders cannot vote in federal elections, hold federal office, or travel with a U.S. passport.They can also be deported for certain offenses. U.S. citizens, on the other hand, have full political rights, cannot be deported, and their children born abroad may automatically become U.S. citizens.
The processing time for a Green Card varies significantly depending on the eligibility category, the applicant’s country of origin, and the specific USCIS field office or consulate handling the case. For immediate relatives of U.S. citizens, the process can be relatively quick, sometimes taking less than a year.
However, for family preference categories or employment-based categories with backlogs, the waiting period can extend for several years, or even a decade or more, as determined by the Visa Bulletin.
When facing the complexities of green card applications, professional legal guidance is not just beneficial but essential. At John W. Lawit, LLC, our seasoned Albuquerque green card attorneys offer comprehensive support, from determining your optimal eligibility category to navigating intricate petitions and interview preparations.
Don’t risk delays or denials due to overlooked details; contact us today at (214) 609-2242 for a consultation and let us help you achieve your dream of lawful permanent residency in the U.S.
