Getting Lawful Permanent Residence (Green Card)

A green card, or permanent resident card, is a document that allows individuals to legally live and work in the United States permanently. This status provides many benefits that U.S. citizens enjoy, though green card holders cannot vote in federal elections. Still, this process can be a gateway to achieving your American dream.

At Rotella & Hernandez, LLC in Miami, our immigration lawyers work closely with clients and families on a wide range of immigration law issues, promptly answering questions and providing regular updates. The U.S. Citizenship and Immigration Services (USCIS) website offers comprehensive guides and forms, but navigating immigration law can be complex. Our team’s goal is making the application process less stressful.

Who Is Eligible For A Green Card?

Since each application is unique, it’s crucial to understand the categories under which eligibility for a green card falls:

• Family-based: Immediate relatives of U.S. citizens, including spouses, parents and unmarried children under 21, have priority. Other relatives of U.S. citizens, such as siblings or married children, may also apply under different family preference categories. Lawful Permanent residents can petition their spouses and children, and unmarried sons and daughters under different family preference categories.
• Employment-based: Professionals with job offers from U.S. employers, individuals with exceptional abilities and investors can apply for employment-based green cards. There are preference categories that prioritize these applications.
• Refugee or asylee status: Those granted refuge or asylum can apply for green cards one year after their status is given due to fear of persecution in their home countries.
• Diversity lottery: The Diversity Immigrant Visa (DV) Program provides another channel, especially for individuals from countries with low immigration rates to the U.S.

Not sure where you belong, or fit into more than one group? We can help determine the best option for you.

How Do You Apply For A Green Card?

The green card application process involves several steps, starting with eligibility determination. Here’s a simplified overview:

• Petition: A family member or employer must file a petition on your behalf. For family-based applications, Form I-130 is used, and for employment-based applications, Form I-140 is used.
• Visa application: Once the petition is approved and a visa number is available, the next step is to apply for an immigrant visa. If you’re already in the U.S., then you can adjust your status by submitting Form I-485.
• Biometrics and interview: Applicants must provide fingerprints and body measurements and attend an interview at a local USCIS office, U.S. consulate or U.S. embassy.
• Decision: After reviewing your application, USCIS makes its decision. If it’s approved, you will receive your green card.

Our immigration lawyers can help make sure that all requirements are met and assist in streamlining the process.

Common Challenges In The Green Card Process

Even when you qualify for a green card, the process may not move forward without questions. The USCIS may ask for more records when the evidence in your filing does not fully show that you qualify. This is called a Request for Evidence, or RFE, and the notice gives you a deadline to provide the missing information.

An RFE may ask for financial records, identity documents, proof of a family relationship or other evidence tied to your case. Problems may also involve conflicting answers, past immigration violations, criminal history or public charge concerns. Because these issues can affect how USCIS reviews your application, your response should address the request clearly and on time. Our immigration lawyers can review the notice with you and help organize the records USCIS is seeking.

Maintaining Your Status And Travel Considerations

Filing a green card application does not always mean you can travel without risk. If your Form I-485 is still pending, leaving the United States before you have the proper travel document may affect the case. The USCIS generally treats a pending adjustment application as abandoned when an applicant leaves without advance parole, although some exceptions may apply.

Travel remains important after you become a lawful permanent resident. Temporary trips are usually allowed, but long or repeated stays abroad may raise questions about whether the United States remains your permanent home. An absence of more than six months may also affect the continuous residence rule for naturalization. Before planning a long trip, it is important to understand how time outside the country could affect your status and future immigration goals.

Green Card Benefits And Rights

A green card gives you the right to live in the United States permanently as long as you maintain lawful permanent resident status. You may also work in jobs for which you qualify, although some positions are limited to U.S. citizens. Permanent residents may own property, attend school and seek certain public benefits if they meet the rules for those programs.

However, permanent residence does not provide every right that comes with U.S. citizenship. You cannot vote in federal elections, and some government jobs remain limited to citizens. You may travel outside the country, but long absences can create concerns about your status or a future naturalization application.

Permanent residence can also be a step toward citizenship. Many green card holders may apply for naturalization after five years if they meet the legal requirements. Some spouses of U.S. citizens may qualify after three years under separate rules. Your residence history, travel and other circumstances will help determine when you may qualify, so understanding those requirements early can help you plan for the next stage of your immigration journey.

Let’s Start Today

The world is becoming a smaller place with people moving from place to place to work and live, and it makes sense that they want to bring family. Getting a green card or lawful permanent residence is part of that reality.

Contact our attorneys at Rotella & Hernandez Immigration and Family Law by calling 305-596-3618 or use our contact page to schedule an appointment at our Miami office. Se habla español.