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GREEN CARD PROCESSES AND PROCEDURES

Navigating the Green Card application process involves understanding various steps and procedures, whether applying from within the United States or from abroad. Each Green Card category has specific requirements, but general processes apply universally.

GREEN CARD PROCESS EXPLAINED

1. Eligibility Criteria

The first step in the Green Card application process is determining if you are eligible for permanent resident status. Eligibility is based on several categories: family relationships, employment, special immigrant status, and diversity visas.

  • Family-Based Green Cards:
    Eligibility is determined by your relationship to a U.S. citizen or lawful permanent resident. Immediate relatives, such as spouses, children under 21, and parents of U.S. citizens, have priority. Other family members, such as siblings and married children, fall under different preference categories.
     

  • Employment-Based Green Cards:
    Categories include EB-1 for individuals with extraordinary abilities, EB-2 for professionals with advanced degrees, EB-3 for skilled workers and professionals, EB-4 for special immigrants, and EB-5 for investors.
     

  • Special Immigrant Green Cards:
    This category covers religious workers, juvenile immigrants, Afghan and Iraqi nationals who have worked with the U.S. government, international broadcasters, and employees of international organizations.
     

  • Diversity Visa Lottery:
    Applicants are selected randomly from countries with low immigration rates to the U.S. Eligibility is based on nationality and educational or work experience.

2. Adjustment of Status

Adjustment of Status (Form I-485) allows individuals already in the U.S. to apply for a Green Card without leaving the country. This process is ideal for those on nonimmigrant visas, selected for a diversity visa or eligible through family or employment.
 

  • Submit Form I-485 to U.S. Citizenship and Immigration Services (USCIS). The process involves providing biometric data, attending an interview, and undergoing a medical examination.

 

  • You must have a valid nonimmigrant status or be an immediate relative of a U.S. citizen. The adjustment of status provides a seamless transition to permanent residency while remaining in the U.S.

3. Consular Processing

Consular Processing (Form DS-260) is for individuals applying for a Green Card from outside the U.S. This method is used when adjusting status is impossible or the applicant is already abroad.
 

  • Submit Form DS-260 to the U.S. Department of State through a U.S. embassy or consulate. The process includes an interview at the consulate, providing the required documents, and a medical examination.
     

  • Applicants must be approved for a family or employment-based immigrant visa or selected in the diversity visa lottery. This process is essential for those who need to obtain an immigrant visa before entering the U.S.

4. Concurrent Filing

Concurrent Filing refers to submitting a Green Card application (Form I-485) and an immigrant petition (Form I-130 or Form I-140) simultaneously.
 

  • Concurrent Filing is typically used when applying for a Green Card through employment or family. This method accelerates the process, allowing simultaneous petition and adjustment of status applications.
     

  •  Specific categories, such as immediate relatives or certain employment-based categories, qualify for concurrent Filing. This streamlined process can reduce overall waiting times.

5. Visa Availability and Priority Dates

Visa Availability is crucial in the Green Card process. Before applying for a Green Card, a visa must be available for your category.
 

  • The U.S. Department of State publishes a monthly Visa Bulletin indicating visa availability and priority dates. Categories with annual limits, such as family and employment-based preferences, often have waiting lists.
     

  • Your priority date is the date USCIS receives your immigrant petition. It determines your place in line for visa issuance. Monitor the Visa Bulletin to know when a visa becomes available for your category.

6. Travel Documents

Travel Documents allow Green Card holders to travel outside the U.S. while maintaining their permanent resident status.
 

  • Advance Parole: This travel document permits re-entry into the U.S. while your Green Card application is pending. Apply for advance parole to avoid issues when traveling abroad.
     

  • Refugee Travel Document: This document is available for those who entered the U.S. as refugees or asylees. It allows travel to other countries and re-entry into the U.S.
     

  • Re-entry Permit: This is for Green Card holders planning to be outside the U.S. for extended periods. It helps avoid abandonment of residency status.

7. Employment Authorization Document (EAD)

Employment Authorization Document (EAD) allows Green Card applicants to work while processing their applications.
 

  • Available to those who have filed Form I-485 or other qualifying applications. An EAD provides legal authorization to work in the U.S. during the Green Card application process.
     

  •  Submit Form I-765 to USCIS. An EAD is typically valid for one or two years and can be renewed.

8. Immigration Medical Examinations

Immigration Medical Examinations are required for most Green Card applications to ensure applicants meet health standards.
 

  • A medical examination by a USCIS-approved physician is mandatory. The exam includes reviewing vaccination history and testing for communicable diseases.
     

  • The results are documented on Form I-693, which must be submitted with your Green Card application.

9. Affidavit of Support

Some Green Card categories require an affidavit of Support (Form I-864) to demonstrate financial support.
 

  • The form shows that the Green Card applicant will not become a public charge and has financial backing from a sponsor.
     

  • The sponsor must be a U.S. citizen or lawful permanent resident and demonstrate the ability to support the applicant financially.

10. Public Charge

Public Charge rules require Green Card applicants to show they are not likely to depend on government assistance.
 

  • Applicants must provide evidence of financial stability and self-sufficiency. This may include income statements, employment history, and other financial documents.
     

  • Meeting the public charge requirement is essential for Green Card approval. It ensures that applicants can support themselves without relying on public benefits.

11. Child Status Protection Act (CSPA)

Child Status Protection Act (CSPA) allows certain applicants who have aged out (turned 21) to remain eligible for a Green Card through their parents.
 

  • The CSPA allows children who turn 21 during the immigration process to retain eligibility for a Green Card as " children."
     

  • The law adjusts the age calculation to keep applicants under 21 based on the age at which the immigrant petition was filed.

12. Transfer of Underlying Basis

Transfer of Underlying Basis allows applicants to shift their Green Card application to a different eligibility category if circumstances change.
 

  • Submit a written request to the USCIS office handling your application detailing the desired eligibility category. This is particularly relevant for employment-based immigrants who may wish to change categories.
     

  • Depending on your circumstances, transferring the basis of your application can provide more suitable options or expedite the process.

Understanding these Green Card processes and procedures is crucial for a smooth application experience. Whether adjusting your status within the U.S. or processing through a U.S. consulate abroad, adhering to these steps will facilitate your journey to becoming a permanent resident.

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