fbpx

Achieving Permanent Residency: Understanding the Green Card Process

Embarking on the journey toward becoming a permanent resident of the United States is a significant milestone for many individuals around the globe. The Green Card Process is a multifaceted pathway that offers various avenues for applicants, including employment-based, family-sponsored, and investment-related options. This comprehensive guide aims to shed light on the intricate steps involved in obtaining a Green Card, providing practical advice and insights to navigate the process successfully.

Securing permanent residency in the U.S. is a process that demands meticulous attention to detail and adherence to regulatory requirements. Whether you are seeking to unite with family members, contribute your professional skills, or invest in the U.S. economy, understanding the Green Card Process is crucial. This guide will serve as a roadmap, outlining the essential stages and considerations that applicants must be aware of.

At Cortes Immigration Law Firm, we are dedicated to assisting clients through the complexities of immigration law. Our expertise is instrumental in guiding individuals through the Green Card Process, ensuring that every step is taken with precision and care. Let’s delve into the various paths to U.S. permanent residency and the procedural intricacies that accompany them.

Employment-Based Green Card Process

The U.S. offers several categories for obtaining a Green Card through employment. These categories prioritize individuals based on their skills, qualifications, and the needs of the U.S. economy. The primary classifications include:

  • EB-1: For individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives and managers.
  • EB-2: For professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business.
  • EB-3: For skilled workers, professionals, and other workers.
  • EB-4: For special immigrants, including certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and others.
  • EB-5: For immigrant investors who are willing to invest significant capital in a new commercial enterprise in the U.S. and create jobs for American workers.

Each category has specific requirements and application procedures. The process typically involves an employer sponsoring the applicant and filing a petition with U.S. Citizenship and Immigration Services (USCIS). Following approval, applicants must navigate through consular processing or adjust their status if they are already in the U.S.

Family-Based Green Card Process

Family unification is a cornerstone of U.S. immigration policy. The family-based Green Card Process allows U.S. citizens and lawful permanent residents to sponsor certain family members for permanent residency. There are two main groups:

  • Immediate Relatives: This category includes spouses, unmarried children under the age of 21, and parents of U.S. citizens who are 21 years or older. Immediate relatives have special immigration priority and do not have to wait for a visa number to become available.
  • Family Preference: This category applies to more distant family relationships with U.S. citizens and some specified relationships with lawful permanent residents. It includes adult children, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents. These applicants are subject to annual numerical limits and may experience longer waiting periods for visa availability.

The family-based process begins with the U.S. sponsor filing a Form I-130, Petition for Alien Relative, with USCIS. Upon approval and visa availability, the beneficiary can apply for a Green Card through consular processing or adjustment of status if they are already in the U.S.

Investment-Based Green Card Process (EB-5 Program)

The EB-5 Immigrant Investor Program offers a unique opportunity for individuals to obtain a Green Card by investing in the U.S. economy. To qualify, investors must:

  • Invest a minimum of $1.8 million, or $900,000 in a Targeted Employment Area (TEA), in a new commercial enterprise.
  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a Conditional Permanent Resident.

The EB-5 process involves filing a Form I-526, Immigrant Petition by Alien Investor, and upon approval, either consular processing or adjusting status if the investor is in the U.S. After meeting investment and job creation requirements, investors can file a Form I-829 to remove conditions on their permanent resident status.

Additional Considerations in the Green Card Process

Navigating the Green Card Process involves more than just meeting the eligibility criteria. Applicants must also be prepared for:

  • Visa Bulletins and Priority Dates: The Visa Bulletin issued by the Department of State provides the latest priority dates for visa availability. Applicants must monitor these dates to know when they can apply for a Green Card.
  • Adjustment of Status vs. Consular Processing: Depending on the applicant’s current location, they may need to adjust their status within the U.S. or undergo consular processing at a U.S. Embassy or Consulate abroad.
  • Interviews and Biometrics: Most Green Card applicants will need to attend an interview and submit biometrics for background checks.
  • Medical Examinations and Vaccinations: Applicants must complete a medical examination performed by a USCIS-approved physician and receive the required vaccinations.
  • Public Charge Rule: Applicants must demonstrate that they will not become a public charge or burden on U.S. government resources.

Understanding these additional layers of the process is essential for a smooth and successful application.

Key Takeaways and Next Steps

The Green Card Process is a comprehensive and multifaceted journey that requires careful planning and attention to detail. Whether through employment, family, or investment, there are various pathways to achieve U.S. permanent residency. It is critical for applicants to stay informed about the latest immigration policies, maintain accurate documentation, and seek professional guidance when necessary.

At Cortes Immigration Law Firm, we are committed to providing our clients with expert legal advice and support throughout their immigration journey. Our goal is to facilitate a seamless Green Card Process, ensuring that our clients can confidently secure their status as permanent residents of the United States.

For more information or to discuss your specific circumstances, we invite you to visit our website at cortesimmigration.com. Our team of experienced immigration attorneys is here to assist you every step of the way.

Applying for a U.S. passport can feel like navigating a labyrinth of forms, requirements, and waiting periods. For many, the process is …

Embarking on the journey to bring your loved one to the United States can be both exciting and daunting. The K1 Visa Application …

Are you considering applying for a Family Green Card to secure a stable and promising future for your loved ones in the United States? …

Imagine launching your tech startup and tapping into the vast potential of the U.S. market, only to be met with the complex …

Achieving Permanent Residency: Understanding the Green Card Process Read More »

Employment-Based Green Card categories explained Part 4: EB-5

Employment-Based Green Card categories explained Part 4: EB-5

EB-5 is an Employment-based Green Card granted to investors that meet the requirements set forth by the U.S. Government. 

According to the U.S. Citizenship and Immigration services, investors are eligible to apply for a green card through this visa if the applicant: 

  • Make the necessary investment in a commercial enterprise in the United States; and 
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.  

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.  

Since the requirements and rules for the visa change over time, it’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals. 

Source : https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program 

Employment-Based Green Card categories explained Part 4: EB-5 Read More »

Employment-Based Green Card Categories Explained Part 1: EB-1 ​

Employment-Based Green Card categories explained Part 1: EB-1

There are 5 different categories of employment-based green card to the United States. We are going to walk you through all of them, starting with Visa EB-1.

According to USCIS Government webpage, EB-1 Visa, popularly known as “Einstein Visa”, is granted to professionals with extraordinary abilities, outstanding professor or researcher, or certain multinational executive or manager. Each of these subcategories has different requirements for eligibility.

To be considered a professional with extraordinary ability, the applicant must meet at least 3 of the 10 criteria shown on the list below or provide evidence of a one-time achievement (for instance, an Oscar or Olympic medal), in addition to providing evidence that the applicant will continue to work in the area of expertise. In this case, the applicant does not need an offer of employment or labor certification to be eligible.  

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members.
  • Evidence of published material about you in professional or major trade publications or other major media.
  • Evidence that you have been asked to judge the work of others, either individually or on a panel.
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media.
  • Evidence that your work has been displayed at artistic exhibitions or showcases.
  • Evidence of your performance of a leading or critical role in distinguished organizations.
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field.
  • Evidence of your commercial successes in the performing arts.

To be eligible as an outstanding professor or researcher, the applicant needs to meet at least 2 of the 6 criteria provided on the list below. In addition, in this subcategory, the applicant needs to provide an offer of employment to be eligible, but no labor certification is required.

  • Evidence of receipt of major prizes or awards for outstanding achievement.
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement.
  • Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field.
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field.
  • Evidence of original scientific or scholarly research contributions in the field.
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field.

For certain multinational manager or executive, the applicant must have been employed outside the U.S. for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if the applicant is already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity the applicant worked for outside the U.S., and intend to employ the applicant in a managerial and executive capacity. In this case, no labor certification is needed.

if you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities.

Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

CONTACT US TODAY FOR A FREE CONSULTATION

Employment-Based Green Card Categories Explained Part 1: EB-1 ​ Read More »

A Guide To Understand The Different Groups And Categories Of U.S. Visas

A guide to understand the different groups and categories of U.S. visas

There are two main groups of visas for those who wish to legally live in the United States, a permanent visa, and a temporary visa. A permanent visa, popularly known as green card, allows you to live in the U.S. permanently. A temporary visa only allows you to legally live in the U.S. for a limited amount of time.

Both groups have similar visa categories, but for different goals. For the permanent visa group, the main categories are Employment-based, which is based on professional abilities and financial investment into the U.S. economy, and Family-based, through which a U.S. citizen or a Lawful Permanent Resident (green card holder) may petition for certain non-citizen relatives to immigrate to the United States. For the temporary visa group, the main categories are Employment-based, and family-based. Whether you wish to live permanently or temporarily in the U.S., each category has several requirements set forth by the U.S. Government in order for the individual to qualify for the visa. It’s important to work with an experienced professional to assess your possibilities.  

Now that you have a little more understanding of the main groups and categories of U.S. visas, you will need an experienced legal team to represent you throughout the process. Having professional guidance will facilitate the process to legally immigrate to the United States.

Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

CONTACT US TODAY FOR A FREE CONSULTATION

A Guide To Understand The Different Groups And Categories Of U.S. Visas Read More »

Employment-Based Green Card Categories Explained Part 2: EB-2​

Employment-Based Green Card categories explained Part 2: EB-2

EB-2 is an Employment-based Green Card granted to professionals with either an Advanced Degree or Exceptional Ability.

According to United States Citizenship and Immigration services, in order to fit into the sub-category Advanced Degree, the applicant must possess a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field. As to the sub-category Exceptional Ability, the applicant must be able to show exceptional ability in the sciences, arts, or business. For this purpose, the applicant must meet at least three of the criteria shown below:

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability.
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation.
  • A license to practice your profession or certification for your profession or occupation.
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability.
  • Membership in a professional association(s).
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations.
  • Other comparable evidence of eligibility is also acceptable.

In addition to these criteria, both categories require that the applicant meet any requirements on the labor certification, unless the applicant petitions for a National Interest Waiver, which waives the job offer requirement.

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

CONTACT US TODAY FOR A FREE CONSULTATION

Employment-Based Green Card Categories Explained Part 2: EB-2​ Read More »

Employment-Based Green Card Categories Explained Part 3: EB-3​

Employment-Based Green Card categories explained Part 3: EB-3

EB-3 is an Employment-based Green Card granted to skilled workers, professionals, or other workers.

To understand a little bit more about this visa, we need to understand the scope of each sub-category. A skilled worker is someone whose job requires a minimum of 2 years of training or experience. A professional, on the other hand, is someone whose job requires at least a U.S. baccalaureate or foreign equivalent degree and is a member of the profession. Other workers are people who perform unskilled work requiring less than 2 years of training or experience. 

Regardless of the sub-category of visa EB-3, a labor certification and a permanent, full-time job offer are required. In addition, there must be a shortage of qualified workers in the U.S. to perform the job.

If you case is approved and you are married and/or have an unmarried child under the age of 21, they may be eligible to apply for admission to the United States.

It’s important to consult with an experienced professional to assess your possibilities. Cortes Immigration Law Firm welcomes you for a free consultation to assess your eligibility. Our knowledgeable team is ready to work relentlessly for you to reach your immigration goals.

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

CONTACT US TODAY FOR A FREE CONSULTATION

Employment-Based Green Card Categories Explained Part 3: EB-3​ Read More »