Santa Clara Green Card Attorney

Understanding the Process of Applying for Lawful Permanent Residence

Getting a Green Card means that you have been granted lawful permanent resident status. This is a significant step in the immigration journey for many because it allows immigrants to live and work in the United States permanently. There are several paths to a Green Card depending on your background, and you may qualify for more than one category.

Who Is Eligible for a Green Card?

Eligibility requirements for a Green Card can vary depending on the category. Family-based immigration requires having a qualifying relationship with a U.S. citizen or an existing Green Card holder. Employment-based Green Cards may require an employer to sponsor you, or you may be able to self-petition if you have extraordinary abilities.

In all categories, you must be admissible to the United States. This generally means you don’t have any disqualifying convictions on your criminal record and have not had any past immigration violations. If so, you may be ineligible for a Green Card, or you may be able to submit a waiver of inadmissibility to try to get an exception.

How Do You Apply for a Green Card?

If you are already physically present in the United States, you can apply for a Green Card by filing for an adjustment of status with the U.S. Citizenship and Immigration Services office. If you are outside the United States at the time of filing, you will need to go through consular processing at the U.S. embassy or consulate in that country.

After your petition is filed, you will attend a biometrics appointment and complete the Green Card interview. The officer will review your application materials, and you’ll receive a decision in the mail.

What Evidence Do You Need for a Green Card Application?

All applications for lawful permanent resident status require supporting documentation. This generally includes proof of your identity, a clear medical exam from an approved physician, and your immigration history. You will also need to submit evidence that supports your eligibility for that specific visa type. A family-based Green Card will require proof of a bona fide relationship, and an employment-based application may require documentation of a standing job offer and labor certification from the employer.

What Can You Do If Your Green Card Application Was Denied?

Receiving a denial notice for your Green Card application doesn’t have to be the end of your immigration journey. There may be alternative options, such as an appeal, a motion to reopen, or a motion to reconsider. Meeting with an attorney can help you understand why your application was denied and determine potential next steps.

If you have questions about how to apply for a Green Card or which category to choose, contact the attorneys at the Law Offices of Daniel Shanfield Immigration Defense P.C. by calling 408-359-4388.