How to Get a Green Card

Looking at the most recent information on visa availability from the United States Department of State will help us understand how immigrant visa categories function. Every year, the United States restricts the number of immigrant visas given in each category and to immigrants born in specific countries. The allocation is detailed in Section 203 of the Immigration and Nationality Act. The Visa Bulletin defines these groups and their numerical restrictions. The Visa Bulletin has two major groupings of individuals. Choices are made based on one’s place of employment or personal preferences.

Family-Based Sponsorships

Spouses, minor children, and parents of United States citizens are not eligible for family-based visas. As a consequence, immigrant family members can receive visa numbers quickly. Visas are classified in the Visa Bulletin.

The deadlines for each category are listed in a table in the Visa Bulletin. You can apply for a visa if your priority date falls within the cut-off date. The day USCIS accepts and processes your immigration petition is your priority date.

• Immediate Family Visas. Priority is frequently given to direct relatives of United States residents or LPRs. Minor children, spouses, and parents are examples of close relations. Those seeking permanent residency should be sponsored by a close family.
• Relatives of permanent residents. Most people receive their visas after two years. Wait periods for immigration visas are the longest for married adult offspring and siblings of US residents. Some processes take decades.

Our green card attorneys in Birmingham, AL can save you time and money. Self-management of the immigration process may result in higher fees, longer processing times, or even rejection. Call us at Petro Immigration Attorneys to save thousands of dollars and years of frustration.

Employment-Based Sponsorships

The categories of work and family preferences are identical. The category cutoff dates are listed in the Visa Bulletin. In job preference categories, employers will prefer you over a relative. For employment-based immigration, there are numerous educational and skill criteria. 

When educational or technical qualifications are raised, it becomes simpler to relocate (with some exceptions). Skilled immigrants may confront more challenges than educated immigrants. Employment-based petitions are handled more quickly, although both the immigrant and the employer must file papers.

• • EB-1 Visa (Employment First Preference). Priority employees are the only ones who are qualified for employment first priority. These remarkable professions include internationally renowned artists, award-winning scientists, executives, and CEOs of large organizations. There has never been a visa backlog in the first priority category.
  • EB-2 Visa (Employment Second Preference): Professionals With Advanced Degrees and Exceptional Talent. A candidate for Second Preference must have a valid labor certification. An employment offer is required, and the employer must file Form I-140 on the applicant’s behalf. Applicants may request a National Interest Waiver if the exemption is in the national interest.

In this case, the applicant can self-petition by submitting Form I-140 along with documentation of national interest. Advanced degrees and outstanding talents qualify for 28.6 percent of the yearly global ceiling on employment-based immigration visas, plus any unused Employment First Preference visas.

This category is further divided into two subcategories:

• A master’s or doctoral degree and five years of professional experience are required.
• Outstanding skill in the arts, sciences, or business. Exceptional ability denotes superior skill in the sciences, arts, or business.

• EB-3 Visa (Employment Third Preference): Skilled, Professional, and Unskilled Workers. Form I-140, Immigrant Petition for Alien Worker, must have been authorized by the intended employer. The Department of Labor must certify all such workers. Skilled, Professional, and Unskilled Workers are entitled to 28.6 percent of the annual worldwide cap of employment-based immigration visas, as well as any unused Employment First and Second Preference visas.

This category is further divided into three subcategories:

• Skilled workers are non-seasonal personnel who have completed at least two years of training.
• Employers prefer professionals with a bachelor’s degree from a United States university or college, or its foreign equivalent.
• Unskilled individuals (other workers) can fill positions that do not require more than two years of training or experience.

• EB-4 Visa (Employment Fourth Preference). While awaiting a judgment on their immigration status, immigrants have four “special” employment-based preference categories, including religious workers. Consider talking with our skilled green card attorney before applying for this category, as several requirements and regulations must be followed.
• EB-5 Visa (Employment Fifth Preference). Foreign investors who want to create jobs in the United States are classified as belonging to the fifth employment-based preference category. Before an immigrant may be considered for this type of visa, a firm that employs ten or more full-time United States citizens or permanent residents must have an investment of $500,000 to $1 million in personal assets.

Unless you are from China, you will not have to wait long if you satisfy the standards and pass the USCIS’s rigorous screening procedure.

Determine Your Eligibility for a Green Card

The first step in obtaining a green card is to determine your eligibility for permanent residency. This entails establishing if you fall into one of the aforementioned categories.

Immigrant Petition Filing

To apply for permanent residence or modify your status with the USCIS, you must first have someone file an immigration petition on your behalf (a sponsoring company or family member, etc.) In rare cases, you can even file your immigration petition.

Acceptance of the Immigrant Petition

To proceed to the next phase, the USCIS must accept the immigrant petition and there must be a visa available in the category you are requesting for.

Apply to the USCIS for a Registration of Permanent Residence or Adjustment of Status

Once you’ve confirmed that you’re qualified for a green card and that your immigration petition has been granted, you’ll need to decide which application method you’ll use to obtain your green card.

If you are already in the United States, you will need to apply for an adjustment of status with the USCIS. If you are presently residing or staying outside the United States, you must apply for permanent residency through consular processing.

Your Application Will Be Considered

USCIS will consider your application for permanent residency after you have filed it.

You Will Be Scheduled for a Biometrics Appointment

You will be notified of this appointment through the mail, and it will include a confirmation of the appointment date and time, as well as a location near you where you should report for the appointment. You will have your fingerprints taken, your photo taken, and your signature taken during this visit.

The information you supply during this session will be used to establish your identification and to conduct a comprehensive background check on you to assess whether any external reasons might result in residence denial.

Your biometrics appointment will be handled differently if you live outside of the United States. In this case, you must provide two passport-style pictures and official fingerprint cards with your application.

The USCIS Will Schedule Your Interview

The USCIS will arrange an interview with you after examining your application and collecting your biometrics. At the time of your interview, you will not necessarily be granted or denied permanent residency.

Not getting a decision at the time of your interview does not always represent the outcome that will be made; occasionally more information is required to complete an application, and sometimes red tape and the process just takes a little longer.

It is also essential to understand that not every applicant will be required to participate in an interview with USCIS, and even if you do, there is no time restriction within which the USCIS must reply to your application.

You Will Receive Your Green Card

If you are approved after your interview, you will be granted your green card. This is not guaranteed to happen throughout your interview.