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Green Card Application

Additional Green Card

Green Card Application

Green Card (Permanent Residence) :

Permanent Resident is a person permitted to live and work In the United States by being given a resident card or a Green Card. There are many ways to obtain the Green card. The information under specific categories is given below.

Tab I. Green Card through Family:

Family sponsored Green Cards are acquired if you are:

  1. Immediate Relative of US citizen:
    • Spouse
    • Single Child under 21 years of age
    • Parent of an over 21 years of age US citizen

Since there are indefinite numbers of visas for this category, there will be no waiting time for the visa number to be available for them.

 

  • Obtaining Green Card while being inside the US:
    • Single step procedure: with which an immediate relative relationship allows you to apply on Form I-485 to get registered as Permanent Resident or to adjust your status at the same time the sponsor (permanent resident) submits Form I-130.
    • Two-step procedure: Step one requires the sponsor to submit Form I-130. For step two once you receive Form I-797, which shows that Form I-130 is received, then Form I- 485 maybe submitted along the receipt of approval of Form I-130.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • Once the immediate relative child of the US citizen or the sponsor is 21 years of age, he/she will come under the first preference (F1) category son or daughter of a US citizen and would now require an immigrant visa.
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • After the marriage of an immediate relative child under 21 years old, he/she becomes a third preference (F3) and visa would not be available immediately. Any change in marital status is to be informed after submission of Form I-130.

 

  1. Family member of a US citizen:

 

The US citizen can submit Form I-130 for their spouse, children and the parents and siblings if the US citizen is 21 years of age or above. If you do not qualify for this category then you may come under the family preference category, which includes:

  • Unmarried sons or daughters of above 21 years of age
  • Married children (no age bound)
  • Siblings (for US citizen over 21 years of age)

There is a waiting period for this category because of the restricted number of relatives allowed to immigrate. The steps for this category are as following:

 

  • Obtaining Green Card while being inside the US:
    • Step one requires your sponsor to submit approved Form I-130 for you. After which you would need to wait for your priority date which is the date when Form I-130 was properly filed by your sponsor.
    • The second step requires you to submit Form I-485 for adjustment of status once your priority date in your visa category is current. The status adjustment would get you to become a Permanent Resident.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • If the unmarried child of a US citizen gets married before attaining the status of a permanent resident, than he/she gets converted to the status of married son or daughter of US citizen, which can delay the availability of immigrant visa significantly. Any change in marital status should be notified while the submission of Form I-130.

 

  1. Family Member of a Permanent Resident:
    • Spouse
    • Unmarried children (no age bound)

The steps include the following:

  • Obtaining Green Card while being inside the US:
    • Step one requires your sponsor to submit approved Form I-130 for you. After which you would need to wait for your priority date which is the date when Form I-130 was properly filed by your sponsor.
    • The second step requires you to submit Form I-485 for adjustment of status once your priority date in your visa category is current. The status adjustment would get you to become a Permanent Resident.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-130 is approved. Then you can travel to the US and would officially become a permanent resident once admitted at a US port of entry.

 

  • Few things not to be ignored:
    • Once an unmarried child of permanent resident is 21 years of age, the procedure of becoming a permanent resident or getting an immigrant visa will get delayed. You would come under the category of unmarried son or daughter of a lawful permanent resident (F2B) .
    • The Child Status Protection Act (CSPA), under certain circumstance would allow you to still keep the status of being a ‘child’ even if you are above 21 years of age, which stays like that from the time your US citizen parents submit Form I-130.
    • If the unmarried child of a Permanent Resident gets married before attaining the status of a Permanent Resident, than he/she does not qualify for the Permanent Residence ship through the Permanent Resident family member. Any change in marital status should be notified while the submission of Form I-130.
    • If your sponsor Permanent Resident becomes a US citizen, you would now be getting a Green Card instead and the change in your preference category would speed up the process.

 

  1. Special Categories of Family:

 

Becoming a Permanent Resident of getting a Green Card through special family situation is limited to the ones fulfill specific qualifications or/and apply during certain time periods.

 

More information about these categories comes under their specific headings:

  • Battered Spouse or Child (VAWA)
  • K Nonimmigrant (includes fiancé(e))
  • Foreign Diplomat children born in the US
  • V Nonimmigrant
  • Widow(er) of a US citizen

 

Tab II. Green Card through a Job:

Some categories which allows you to obtain Green Card through a job or its offer needs a certification from the US Department of Labor proving that there are not enough US workers who are able , willing, qualified and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. Whereas highly skilled workers with out of the ordinary ability in specific professions and investors/entrepreneurs are prioritized to immigrate through different categories.

  1. Job offer:

Applying for a Green Card while having a permanent work opportunity in the US or in other case you are an employer sponsoring your employee based on the permanent position you have for him/her, a certain procedure is to be followed.

  • Obtaining Green Card while being inside the US:
    • Green Card can be obtained through adjustment of status. After the approval of Form I-140 a visa number is issued for you to submit Form I-485 with which you can get registered as Permanent Resident or adjust your status to one.

The following documents to be submitted with Form I-485

  • Form I-94, arrival and departure detailed information.
  • Copy of approval by USCIS if accepted for immigration request.
  • Formal employment offer by the employer.
  • Two color photographs taken no longer than 30 days.
  • For applicants aged 14-79 Form G-325A
  • Form I-693, not necessary if living continuously before 1972 or if your medical examination had been done under a fiancé visa.
  • Form I-864 to be completed by the sponsor, not applicable if you are adjusting based on employment petition except if some percentage of the company is owned by you or your relative.
  • Any other required documents.

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-140 is approved.

 

  1. Investment:

Entrepreneurs with their spouses and unmarried children, under 21 years of age can apply for a Green Card if an investment of $1,000,000 or at least $ 500,000 is made in commercial enterprise in the US and ten permanent, full time jobs are made available for US workers. The investment is to be made in a targeted area with high unemployment or rural area. The cap for such visas is 10,000 per financial year.

  • Eligibility conditions:
    • An approved Form I-526
    • You are allowed to admit the US
    • An immigrant visa is immediately available

The procedure:

  • Obtaining Green Card while being inside the US:
    • Green Card can be obtained through adjustment of status. After the approval of Form I-526 a visa number is issued for you to submit Form I-485 with which you can get registered as Permanent Resident or adjust your status to one.

The following documents to be submitted with Form I-485:

  • Passport style two photographs
  • Form G-325A
  • Copy of government issued photo identity
  • Copy of birth certificate
  • Copy of passport page with non immigrant visa if needed
  • Copy of passport page with entry stamp if needed
  • Form I-94
  • Attested copy of court records if ever arrested
  • Form I-693
  • Form I-797, the approval of Form I-526

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-526 is approved.
  • The spouse and unmarried children under 21 years of age also called derivatives of the investor can be included in the immigration process by submission of Form I-485 for each one of them and they will also be counted in the annual limit of such visas.
  • If the approval of Form I-485 is pending you can be authorized to work in the US if you apply for it and to get further approval for travelling and admission into the U.S. upon arrival.

 

  1. Self Petition:

The categories in which the worker does not require a sponsor in the form of an employer for a Green Card are:

  • If they possess extraordinary abilities in sciences, arts, education, business or athletics (E11)
  • If they were granted a National Interest Waiver (NIW), (E21)

The procedure:

  • Obtaining Green Card while being inside the US:
    • Green Card can be obtained through adjustment of status. After the approval of Form I-140 a visa number is issued for you to submit Form I-485 with which you can get registered as Permanent Resident or adjust your status to one.

 

Following documents to be submitted with Form I-485:

  • Form I-94
  • If already approved for immigration, submission of the copy of the approval by USCIS
  • Two color photographs taken no longer than 30 days.
  • Form G-325A
  • Form I-693

 

  • Obtaining Green Card while being outside the US:
    • This can be done by consular processing, when the U.S Citizenship and Immigration Services (USCIS) with the Department of State issues a visa after the Form I-140 is approved.
  1. Special Categories

 

Green Card can be obtained because of a special job category, only if you meet the specific criteria and apply during certain time periods.

 

Tab III. Green Card through Refugee or Asylee Status:

Green card can be applied if:

Admitted to the US as: (Permanent residence ship can be applied after 1 year of entry)

  • Refugee
  • Eligible family member of an asylee

Granted asylum in the US (Permanent residence ship can be applied after 1 year of granted asylum)

  1. Refugee:

 

Application for the Green card (permanent resident) can be applied one year after being admitted as a refugee if:

  • Present in the US for a minimum 1 year after getting the refugee status
  • Refugee status has not been finished
  • Green Card has not already been acquired

The procedure:

  • Required to submit Form I-485, for obtaining permanent residence ship or changing status.

 

Following documents to be submitted with Form I-485:

  • Form I-485 box ‘h’ of which should be marked with refugee.
  • Two photographs enveloped and stapled at the lower left corner
    • Name and A-number, if in your knowledge to be written in pencil at the back of each photo.
    • Photo size details to be found on Form I-485
  • Form G-28, signed by you and the authoritative person
    • exact copy of the signature in the form of stamps are acceptable for the representative.
    • Initial Form G-28 must be signed at the time of submission
  • Form G-325A
  • Form I-693 signed by you and the civil surgeon together with only the vaccination section filed and completed
    • This section can be completed by any state or local health department or by the authorized civil surgeon
    • National Customer Service Center can be called to get to know the authorized civil surgeons by USCIS.
  • Form I-693 (fully completed) required if:
    • There were medical grounds of inadmissibility noted at the time of arrival in the US
    • The refugee status was given because of the approved Form I-730
    • If the above two are not applicable only the vaccination part needs to be filled
  • Evidence of refugee status (Form I-94 or a copy of Employment Authorization Document)
  • Proof of if your name has been changed while under the refugee status

 

  • If family is to apply for a green card, Form I-485 to be completed for each family member separately and mailed together in one envelope. Paper clip or single staple to be used to close the envelope.
  • Information regarding address change must be notified to USCIS within 10 days of moving, required for each family member to do so