A US Green Card stands out as the document that authorizes immigrants to legally live and be employed in the United States, although the process to acquire this documentation can be complicated. Eligibility requirements and proper forms are just the start of the multi-step process, and for this reason, an immigration lawyer is recommended. Not only can an immigration lawyer guarantee the proper and accurate filing, they are able to also be crucial in the appeal process should the application end in denial.
Adjustment Of Status ProcessThe Adjustment of Status Process is considered the name given for the process of completing a US Green Card application. Completing this process correctly is very important for approval, as the omission of any required information can result in an application denial. The Adjustment of Status Process is completed in the following 6 steps:
- Determination of eligibility.
- Filing the Immigration Petition based on the area of eligibility.
- Check visa availability.
- File Immigration Application
- Submit fingerprints at the Application Support Center
- Attend interview at the appropriate US Citizenship and Immigration Services facility
An immigration law practice can provide the guidance required to ensure that each step of the process is completed completely and in the correct order, plus they can be invaluable for ensuring that each one of the necessary forms is completed accurately the very first time.
EligibilityDetermination of eligibility stands out as the initial step of the Adjustment process. The eligibility requirements encompass 4 basic categories, which are stated in the Immigration and Nationality Act. These 4 categories include:
- Family-based, meaning parents, spouses, and children of U.S. residents.
- Employment-based, for when a Green Card is required to secure employment.
- Refugee or Asylum status, although this is usually granted one year after initial entry.
- Special Categories to cover numerous special situations, such as Diplomat or Informant, Victim of Criminal Activity, or religious workers and broadcasters.
While these categories may appear to be self-explanatory, immigration lawyers are very well versed in the exact nature of each one, meaning that they are able to determine any factors that may affect eligibility status. Even more important, they are familiar with the forms that happen to be required by each eligibility category. Proper completion of the forms is very important to the Adjustment process, as incomplete or missing information can result in delays or application denial.
Completing The Required FormsThe Immigration Petition and Immigration Application are two separate forms, with the Petition often being required to be filed first. The Petition is only for the approval of eligibility, and for this reason there is not a single petition that is relevant to every applicant. Which petition is required is dependent upon the eligibility category, and they are divided as follows:
- Form I-130 is used for Family-Based eligibility.
- Form I-140 is for Employment-Based eligibility.
- Form I-526 if for entrepreneurs who wish to start a business in the U.S..
- Form I-360 is for the situations covered in Special Categories.
The Immigration Application, Form I-485, if filed only after the eligibility Petition has been approved, and after a visa has been obtained. Immigration attorneys can be extremely beneficial with regards to this necessary paperwork of the Adjustment of Status Process, for both ensuring that the forms are completed accurately and for ensuring they are submitted in correct order. The submission of fingerprints and the interview are the final steps of the Adjustment process, and Form I-94 may be needed in addition to travel documents. Form I-94 is the Arrival and Departure record for entering and leaving the U.S..
The Event Of Application DenialShould a Green Card application produce a denial, an immigration lawyer (click to see this one) offers the expertise required for filing an appeal. They can also file a Motion to Reopen or Reconsider if there’s belief the denial was issued in error. However, applicants should be aware that not all denials are able to be appealed, and immigration attorneys can advise on whether the appeal or motion will be worth the effort.
A US Green Card is necessary for an immigrant to be a permanent resident of the US. However,the application process is often overwhelming. Determining eligibility is the initial step, even though it is the forms that can be especially difficult to complete. Different forms are needed for different situations, and immigration lawyers have expert knowledge on both the necessary forms and the filing process. An additional benefit is the fact that immigration attorneys are able to determine if an appeal will likely be successful in the event of a denial, allowing them to submit a Motion to Reopen or Reconsider if they feel it will likely be beneficial. The complicated procedure of trying to get a US Green Card can certainly make the services of an established immigration lawyer a vital tool for easing the whole application process.