Applying for a Green Card can feel like a monumental task, but understanding the process is the first step toward achieving your goal of permanent residency in the United States. A Green Card, officially known as a Permanent Resident Card, grants you the right to live and work in the U.S. indefinitely. It also opens a pathway to U.S. citizenship.

This guide provides a clear overview of the Green Card application process, from determining your eligibility to navigating potential challenges. By the end, you will have a better understanding of what to expect on your journey to becoming a permanent resident.

Green Card Eligibility Categories

Before starting your application, you must determine if you qualify under one of the specific categories established by U.S. immigration law. The main paths to obtaining a Green Card include:

• Family-Based: This is the most common path, available to certain relatives of U.S. citizens and Green Card holders. This includes spouses, unmarried children under 21, and parents of U.S. citizens.
• Employment-Based: Professionals with specific skills, workers in fields with labor shortages, and individuals with advanced degrees may be eligible for an employment-based Green Card.
• Investment (EB-5): Foreign investors who make a significant capital investment in a U.S. business that creates jobs for American workers can apply for an EB-5 visa.
• Asylum or Refugee Status: Individuals who have been granted asylum or refugee status and have been physically present in the U.S. for at least one year may apply for a Green Card.
• Other Categories: Other paths include the Diversity Visa Lottery, Special Immigrant status (for religious workers or long-time U.S. government employees), and provisions under the Violence Against Women Act (VAWA).

The Green Card Application Process

Once you have confirmed your eligibility, the next step is to begin the application process. For applicants already in the United States, this typically involves adjusting their status.

Key Steps in the Process

1. File Form I-485: The primary form for adjusting your status is Form I-485, Application to Register Permanent Residence or Adjust Status. This must be filed with U.S. Citizenship and Immigration Services (USCIS).
2. Gather Required Documents: You will need to submit extensive documentation, including your birth certificate, passport, proof of legal entry into the U.S., and evidence supporting your eligibility category (e.g., marriage certificate or employment offer).
3. Biometrics Appointment: After filing, you will be scheduled for a biometrics appointment where USCIS will collect your fingerprints, photograph, and signature for background checks.
4. USCIS Interview: Most applicants will be required to attend an in-person interview with a USCIS officer. The officer will review your application, ask questions to verify your eligibility, and confirm the information you provided.

How to Overcome Common Challenges

The Green Card application process can be complex and lengthy. It is common for applicants to face challenges such as processing delays, receiving a Request for Evidence (RFE), or even getting a denial.

An RFE means USCIS needs more information to make a decision on your case. It is crucial to respond promptly and thoroughly. If your application is denied, you may have the option to appeal. Navigating these hurdles often requires a detailed understanding of immigration law.

Why You Need an Immigration Attorney

The stakes are high when applying for a Green Card. Small mistakes on your application can lead to significant delays or even denial. Working with an experienced immigration attorney can help you avoid common pitfalls and ensure your application is as strong as possible.

The lawyers at K&M Law Firm in Dallas, TX, have extensive experience helping clients navigate the complexities of U.S. immigration law. An attorney in Dallas, Texas from our team will provide personalized guidance, from preparing your initial application to representing you at your USCIS interview. Our civil litigation lawyers in Dallas, TX, are also equipped to handle any complex legal issues that may arise.

Take the Next Step

The journey to permanent residency is a significant undertaking, but you don’t have to do it alone. The lawyers in Dallas, Texas, at Khavari & Moghadassi are committed to providing “Client Oriented Service” and guiding you through every step of the process.

If you are ready to begin your Green Card application or need assistance with your case, contact the K&M Law Firm today.

Schedule a consultation with our experienced immigration lawyers in Dallas, TX.

FAQ’s

1. How long does the Green Card application process take?

Ans: Processing times vary significantly based on your eligibility category, country of origin, and current USCIS workload. Family-based applications can range from several months for immediate relatives to many years for preference categories with backlogs. Employment-based timelines depend on your priority date and category, with some cases processing within a year while others face multi-year waits.

2. Can I travel outside the United States while my Green Card application is pending?

Ans: Travel during the adjustment process requires advance parole authorization through Form I-131. Leaving the United States without advance parole can result in application abandonment. Once you receive advance parole, you can travel internationally and return to continue your pending application.

3. What happens if my current visa status expires during the Green Card process?

Ans: Filing Form I-485 typically provides legal status protection while your application is pending, even if your underlying visa expires. However, this protection only applies to properly filed adjustment applications with current priority dates. Consult with qualified lawyers in Dallas, Texas, to understand your specific situation.

4. Can my family members apply for Green Cards with me?

Ans: Derivative beneficiaries, including spouses and unmarried children under 21, can often apply alongside principal applicants. They must file their own Form I-485 applications and meet all eligibility requirements. Family members may also need separate medical examinations and interviews.