How Do I Apply for A Green Card in the U.S.?

By: Richard Hanus

 

First, what is a green card? It’s a document evidencing a foreign national’s lawful permanent resident status in the U.S., a status allowing for, with limited exceptions, the freedom to live and work in the U.S., in any location in the U.S. and for as long as they please. The downsides include: 1) you cannot yet vote in a US election, 2) you cannot travel outside the U.S. for unlimited, extended trips and 3) you could be subject to deportation proceedings for engaging in certain criminal or other unlawful activities.

Green cards are available for applicants present in the U.S., or residing abroad. For an applicant present in the U.S., a green card is available by way of an I-485 Application for Adjustment of Status, before U.S. Department of Homeland Security/Citizenship and Immigration Services. For a foreign national residing overseas, it’ll be by way of application for immigrant visa before a U.S. consular post (U.S. Department of State). These applications are the fi nal ones in a multi-step process that might span anywhere from one to 25 years, depending on the path to green card at play.

There are several dozen ways a foreign national can obtain a green card in the U.S. Below are the most popular.

First, by way of a family relationship:

• A U.S. Citizen’s petition for their spouse – assuming the marriage at play is sincere and genuine, lawful permanent residence is attainable,

• Adult U.S. citizen’s petition for their under 21 year old child,

• Adult U.S. citizen’s petition for their parent,

• A lawful permanent resident’s petition for their spouse – again, assuming bona fi de marriage

• A lawful permanent resident’s petition for their under 21 year old child,

• Adult US citizen’s petition for single, adult child, married adult child (including their family) and sibling (including their family) The second most popular path to green card is by way of a job offer or professional expertise, including:

• Employer petition for a professional, skilled worker or unskilled worker, and where the unavailability of U.S. workers to fi ll the position is proven,

• Employer petition for Registered Nurse or Physical Therapist, although proving shortage of U.S. workers is not required,

• Multinational company’s petition to have an overseas Executive or Manager continue their role in the U.S.

• Professionals, artists, athletes, scientists, or anyone who can demonstrate their “extraordinary ability” by having received awards and recognition of major signifi cance, or that their prospective contributions will serve the U.S. “national interest”.

Green card status can also be achieved by way of a successful defense in removal proceedings, such as being granted Cancellation of Removal relief. This requires proof of the applicant’s 10+ years of residence in the U.S., good moral character and evidence that certain U.S. family members would experience extreme hardships if deportation took place.

Victims of certain crimes who are living in the U.S. and are cooperating with law enforcement can qualify for U visa status and eventually lawful permanent residence.

Finally, foreign nationals in the U.S. fearing return to their home country due to persecution or harm they fear due to their race, religion, political belief or social group may qualify for asylum and eventually lawful permanent resident status.

Individuals looking for straightforward, realistic feedback on green card options should consult an experienced and reputable immigration lawyer.

“IMMIGRATION LAW FORUM” Copyright © 2020, By Law Offi ces of Richard Hanus, Chicago, Illinois