Green Cards
How do I get a green card for a family member or loved one?
There are a variety of ways to obtain a green card for a family member or loved one. Typically, your family member will need to have an approved immigrant petition in order to get a green card. Eligible immigrant petitions include but are not limited to a Petition for Alien Relative, a Refugee/Asylee Relative Petition, or an Application for Asylum and Withholding of Removal. Most of these immigrant petitions must be approved a green card can be requested, however, some individuals may be able to file both an immigrant petition and an application for a green card at the same time. This is called concurrent filing. An experienced immigration attorney will be able to determine whether you can file both applications at the same time. After your family member has an approved immigration petition, they will likely either need to apply for Adjustment of Status within the United States or apply for Consular Processing with the embassy abroad.
Other individuals who may qualify for a green card include those eligible for asylum, those eligible for green cards through work, and victims of crimes or abuse.
Can I get a green card for a family member if they are in another country?
Yes. Typically, in order to bring a family member to the United States from abroad, a Petition for Alien Relative must be filed. Once that petition is approved, you can file an application with the National Visa Center in order to finish processing the case at a U.S. Consulate outside the United States.
Can I apply for a green card for family already in the United States?
Yes. Typically, in order to bring a family member to the United States from abroad, a Petition for Alien Relative must be filed. If your loved one is already inside the United States AND entered with a legal entry, they may then be eligible to proceed with adjustment of status. Some individuals may be eligible for concurrent filing, which means they can file the Petition for Alien Relative and the adjustment of status application at the same time. Proceedings in immigration law can be extremely complex and can change depending on an individual’s unique situation. It is advisable to speak with an immigration attorney to learn what you can expect in your case.
What is adjustment of status?
Adjustment of status is the method through which your family member can apply for a green card (also known as Lawful Permanent Resident status) while already present in the United States. Often your loved one can get a green card without having to return to their home country.
Who is eligible for adjustment of status?
Typically, a person who wants to apply for adjustment of status must have an approved immigrant petition and falls into the following categories:
-spouses, siblings, children and sons & daughters of U.S. Citizens
-spouses, children, and unmarried sons & daughters of Legal Permanent Residents
Immigration law assigns different definitions to “children” and “sons and daughters” than what is typically understood in normal language. Please talk to a licensed immigration attorney to learn more about whether your family member is eligible for a green card in the United States with adjustment of status.
Will my family member be able to work in the United States while their application is pending?
Some adjustment of status applications allow a person to file an application for a work permit. If an applicant is eligible, they may file the work permit paperwork at the same time that they file for adjustment of status. There are wait times for work permits, and it is possible for a work permit to be issued quickly, such as within six months, or quite slowly, close to the conclusion of the case.
What does the process of adjustment of status typically look like?
In general, once a person is eligible for adjustment of status they can file Form I-485 and any accompanying forms with USCIS. The applicant will then likely receive a notice to attend a biometrics services appointment at an Application Support Center in their area. At the appointment the applicant will be photographed and will provide their fingerprints and signature, which will be used to conduct background and security checks on the applicant. If USCIS determines that an interview is necessary, USCIS will provide the applicant with an interview notice. Finally, whether or not an interview is conducted, USCIS will contact the applicant by mail once a decision is made on their adjustment of status application. Adjustment of status can be complicated and confusing, so be sure to consult with an attorney to learn the exact steps that would be required in your case.
Can you appeal an adjustment of status denial?
Generally, you cannot appeal a denial on an adjustment of status application. Some individuals may be able to file a motion to reopen or reconsider. Speak to a knowledgeable immigration attorney in order to determine whether an appeal or a motion are viable options in your case.
What is Consular Processing?
Consular Processing is the method in which people who are outside of the United States apply for a visa. A person in their home country will have their application processed by the U.S. embassy in that country, instead of being handled by USCIS within the United States.
Who is eligible for consular processing?
Consular processing is generally available for people who are living outside of the United States and fit into one of the following categories:
-a spouse, child, parent, or sibling of a U.S. Citizen; or
-a spouse or unmarried son or daughter of a Legal Permanent Resident
What does the process of consular processing typically look like?
Once a person is eligible for consular processing their case must be opened with / transferred to the National Visa Center (NVC). The National Visa Center will handle fees and paperwork associated with the case. Once the NVC has finalized their work on the case, they will forward the file on to the U.S. embassy or consulate closest to the applicant. The consulate will interview the applicant, and will ultimately make a decision on that person’s case. Please note that is a generalization, as consular processing is typically a lengthy and complex process. Talk to a licensed attorney in order to learn what your case would look like.
Can you appeal a denial in consular processing?
There is no appeal system for consular cases. As a result, it is extremely unlikely that a consular officer’s decision will be overturned. Speak to an experienced immigration attorney in order to determine if a consular decision can be overturned in your case.
How do I renew my green card?
In order to renew an expired or expiring green card, an individual must file an Application to Replace Permanent Resident Card with USCIS. The application must include all of the required evidence and include the government fee.
I lost my green card. How do I replace a lost or stolen green card?
In order to replace a lost or stolen green card, an individual must file an Application to Replace Permanent Resident Card with USCIS. The application must include all of the required evidence and include the government fee.
When do I have to replace my green card?
An individual must replace their green card if:
-green card is expired or will expire within the next six months
-previous card was lost, stolen, mutilated or destroyed
-your card contains incorrect information
-you have legally changed your name or other biographic information on the card
-you never received the previous card issued to you
Please note that this is a general list. Please speak to a reputable immigration attorney in order to determine whether or not you must replace your green card.
How do I remove conditions on my green card?
Some individuals, known as conditional permanent residents, receive a green card that is valid for two years, and requires the individual to file a petition to remove those conditions. An individual must file a Petition to Remove the Conditions of Residence with USCIS, along with any required documentation and evidence.