How do I file for a Green Card?
There are two ways to obtain Lawful Permanent Resident Status (in other words, get a green card). You can either apply complete the process abroad, called immigrant visa processing or you can apply while you are in the United States, called adjustment of status. There are many benefits to filing while in the United States, but not everyone will be eligible.
Am I Eligible for a Green Card?
Most people obtain Lawful Permanent Resident (“LPR”) status through either a family member or an employer. If a family member filed on your behalf, then you have an I-130 with a priority date. If an employer filed for you, then you would have an I-140 with a priority date.
In addition to having an I-140 or and I-130 (in most cases), you must have a visa available in your category and not be otherwise inadmissible.
How Can I Find out Whether There is an Available Visa in My Category?
The Department of State puts out a visa bulletin every month, with information on who is eligible to apply for LPR status. You must check the current month to determine whether you are eligible to file. The Department of State lists two charts for family categories and two charts for employment categories.
First check the “Final Action Date” chart for your category. Your priority date needs to be earlier that the date listed in your category. Sometimes, USCIS allows you to use “Dates for Filing.” You must check on USCIS’s website every month to confirm whether USCIS is allowing that chart to be used.
If your category is current (noted with a “c” on the chart), then you have option to file concurrently. This means either your family member or your employer can file the I-130/I-140 at the same time you file your adjustment of status application.
What If I Do Not See my Category?
There is one set of people who do not have to ever check the visa bulletin: Immediate Relatives. Immediate Relatives are spouses, children under 21, and parents (including some stepparents), of U.S. Citizens. There is not set limit of visas for these relatives, meaning these relatives can apply at any time. They are not on the visa bulletin because they do not have to wait for their priority date to become current to apply. Immediate Relatives have the added benefit of filing concurrently if they want to, meaning they can file the I-130 and the adjustment of status application (if eligible) at the same time.
Am I Admissible?
U.S. Immigration law bars certain people from obtaining green cards. This can include foreign nationals with certain criminal history, foreign nationals who gave misinformation to US government officials, foreign nationals who have unlawful presence, or foreign nationals who are likely to become a public charge. Therefore, to successfully obtain a green card, you must not be otherwise inadmissible as described in the Immigration and Nationality Act (“INA”). You should speak to an immigration lawyer to make sure you are admissible because the inadmissibility grounds cover a wide range of circumstances too numerous to cover here. US
Who can I Talk to if I want to File for my Green Card?
Shaftel Law has a team of immigration lawyers and experts who are happy to speak to you about your immigration questions. Call 303-872-6985 or contact us online.