San Jose Green Card Lawyer
San Jose Green Card Lawyer Services at The Law Offices of Daniel Shanfield Immigration Defense, PC
At The Law Offices of Daniel Shanfield Immigration Defense, PC, we specialize in guiding clients through the complex process of obtaining a Green Card (lawful permanent residency) in the United States. Our experienced green card lawyers are committed to providing personalized and effective legal assistance to help you achieve your American dream.
What is a Green Card?
A “green card” refers to a document officially known as a United States Permanent Resident Card. It grants the holder lawful permanent residency in the U.S., allowing them to live and work in the country indefinitely. Some key points about a green card include:
Eligibility for a green card can be based on various factors, including family relationships, employment, refugee or asylum status, and other special provisions.
The process typically involves an application, background checks, and interviews. The specific steps can vary depending on the application.
Rights and Responsibilities
Green card holders have certain rights (such as working in the U.S., owning property, and receiving education), but they also have responsibilities like obeying all laws and paying taxes.
Path to Citizenship
For many, a green card is a step towards U.S. citizenship, which can be applied for after a certain period of residency, among other requirements.
Not a Visitor Visa
It’s important to note that a green card is not a temporary visa; it signifies permanent residency.
Renewal and Conditional Status
Some green cards have conditions attached and must be renewed or changed to a permanent status after a set period.
Green card holders are not U.S. citizens, so they cannot vote in federal elections and can be removed from the U.S. under certain circumstances, such as committing serious crimes.
How Can a San Jose Green Card Lawyer Help?
As a San Jose Green Card lawyer, we at The Law Offices of Daniel Shanfield Immigration Defense, PC can assist in numerous ways:
Understanding Your Options
Our immigration lawyers explain the different paths to obtaining a Green Card, helping you choose the best option for your situation.
Navigating Complex Applications
Our immigration law firm will guide you through the intricate green card application process, ensuring all forms and documentation are correctly completed and submitted.
Addressing Legal Complications
If you have any legal issues that could impact your application, our immigration lawyers provide experienced advice and representation.
Managing Deadlines and Requirements
Our experienced immigration lawyers keep track of important deadlines and ensure all requirements are met.
Representing You in Proceedings
If necessary, we represent you in interviews or hearings, advocating on your behalf.
As your immigration attorneys, our goal is to streamline your Green Card process and increase the likelihood of a successful outcome.
Our San Jose Green Card Lawyer Services
Our green card lawyer services include:
Family-Based Green Card Applications
Family-based Green Card Applications involve a U.S. citizen or lawful permanent resident (LPR) sponsoring a family member for permanent residency. The process includes:
- Filing a Petition: The U.S. sponsor files Form I-130, Petition for Alien Relative, to establish a qualifying relationship with the beneficiary.
- Priority Dates and Visa Availability: For family preference categories, there’s often a wait for visa availability based on the priority date (the date the I-130 was filed).
- Adjustment of Status or Consular Processing: Once a visa is available, the beneficiary either applies for an adjustment of status if they are in the U.S., or undergoes consular processing if outside the U.S.
- Proving Financial Support: The sponsor must file an Affidavit of Support to show they can financially support the family member.
- Interview and Approval: The beneficiary undergoes an interview, after which the Green Card may be granted.
The process can be complex and varies depending on the family relationship and other factors, making hiring a green card lawyer valuable.
San Jose Employment-Based Green Cards
Employment-Based Green Cards are for individuals seeking permanent residency through employment. The process typically involves:
- Labor Certification (PERM): For most categories, the employer must obtain a labor certification, proving there are no qualified U.S. workers for the position.
- Filing Immigrant Petition: The employer files Form I-140, Immigrant Petition for Alien Worker.
- Visa Availability: Applicants must wait for a visa to become available in their category, which can vary in time.
- Adjustment of Status or Consular Processing: Once a visa is available, the applicant either adjusts their status if in the U.S. or undergoes consular processing abroad.
- Job Offer and Qualifications: The applicant must have a valid job offer and meet specific qualifications for their employment category.
This process can be intricate and category-specific, requiring careful navigation.
Adjustment of Status
Adjustment of Status (AOS) is a process for individuals already in the U.S. to obtain lawful permanent residency without having to return to their home country. Key aspects include:
- Eligibility: Must be in the U.S. on a valid visa and eligible for a Green Card based on family, employment, or other categories.
- Filing Form I-485: The main step is submitting Form I-485 to USCIS.
- Supporting Documentation: Includes proof of eligibility, such as relationship evidence for family-based applications.
- Biometrics Appointment: Involves fingerprinting and background checks.
- Interview: Often required, where the applicant’s information and eligibility are reviewed.
- Approval: If approved, the applicant receives their Green Card.
This process varies based on individual circumstances, and legal guidance about the immigration process from a green card attorney can be crucial.
Consular Processing is for individuals outside the U.S. or those ineligible for Adjustment of Status, allowing them to apply for a Green Card through a U.S. consulate or embassy in their home country. Key steps include:
- Approved Petition: Begins after a family or employment-based petition is approved by USCIS.
- National Visa Center (NVC): The case is transferred to the NVC, which collects fees, forms, and documents.
- Visa Availability: The applicant must wait for a visa to become available in their category.
- Interview: The applicant attends an interview at the consulate or embassy.
- Medical Examination: Required as part of the process.
- Visa Issuance: If approved, a visa is issued, allowing the applicant to travel to the U.S. and receive their Green Card upon entry.
This process requires careful preparation and adherence to specific procedures.
Green Card Renewal and Replacement
Green Card Renewal and Replacement involves updating or replacing a Green Card. Key aspects include:
- Renewal: Required every 10 years for Permanent Residents. Involves filing Form I-90 before the current card expires.
- Replacement: Necessary if a Green Card is lost, stolen, damaged, or contains incorrect information. This also applies if the cardholder’s personal information has changed.
- Process: Both renewal and replacement require submitting Form I-90 to USCIS, paying applicable fees, and possibly attending a biometrics appointment.
- Importance of Timely Renewal: Keeping a Green Card current is important for maintaining lawful status and eligibility for certain benefits and employment in the U.S.
Why Choose Us
Choosing The Law Offices of Daniel Shanfield Immigration Defense, PC for Green Card lawyer services offers several advantages:
Our team’s extensive experience in immigration law ensures adept handling of complex cases.
We understand each client’s unique situation and tailor our approach accordingly.
High Success Rate
Our firm’s track record of success reflects our commitment to achieving the best possible outcomes.
We prioritize clear communication, support, and guidance throughout the process.
Our firm is dedicated to maintaining the highest standards of legal ethics and professionalism.
Contact Us Today
Our focus is not just on successful outcomes, but also on making the journey as smooth and understandable as possible for our clients.
Let The Law Offices of Daniel Shanfield Immigration Defense, PC be your trusted partner in your journey to obtaining and maintaining lawful permanent residency in the U.S. Contact us today for a consultation.
Here are some frequently asked questions about Green Cards:
What is a Green Card?
A Green Card, or Permanent Resident Card, allows an individual to live and work permanently in the U.S.
How can I get a Green Card?
You can obtain it through family, employment, refugee or asylee status, and other special categories.
How long does it take to get a Green Card?
Processing times vary depending on the category and your country of origin.
Can a Green Card Grant Permanent Residence?
Yes, a Green Card grants permanent residence in the United States. It allows the holder to live and work in the U.S. indefinitely, as long as they abide by all immigration laws and do not engage in activities that could lead to deportation. However, it’s important to note that while a Green Card grants permanent residency status, it does not confer citizenship and must be renewed every 10 years.
Can I travel outside the U.S. with a Green Card?
Yes, but there are limitations on the duration of travel to maintain residency status.
Can my Green Card be taken away?
Yes, under certain circumstances such as committing serious crimes or violating immigration laws.
How do I renew or replace my Green Card?
You must file Form I-90 with USCIS for renewal or replacement.
These are basic guidelines, and specific situations may vary. It’s advisable to consult with a Green Card lawyer for personalized advice.