San Jose Green Card Attorney 

You can take one of two paths to attain your permanent residency status, or Green Card. One method is through consular processing. Under this method, a beneficiary of an approved immigrant petition who has an immigrant visa number immediately available may apply for a Green Card at an overseas US Consulate. From there, the beneficiary can come to the United States and be admitted as a permanent resident. 

Alternatively, a person who is already in the United States and eligible to receive their permanent residency can apply for their Green Card without having to return to their home country to complete the process at the US Consulate.

However, a person may not be eligible to receive a Green Card for certain reasons, such as their involvement in a criminal act, commission of fraud or misrepresentation, health-related circumstances, or unlawful presence in the US altogether. If that is the case for you, you may need to file an I-601 waiver to explain or clarify why you should be allowed to remain living in the US despite your apparent violation.

Green Card Eligibility 

You may want to obtain a Green Card for several reasons, however, you must be eligible under one of the following categories to apply for a Green Card:

• Green Card through Family 
• Green Card through Employment
• Green Card as a Special Immigrant
• Green Card through Refugee or Asylee Status
• Green Card for Human Trafficking and Crime Victims
• Green Card for Victims of Abuse
• Green Card through Other Categories
• Green Card through Registry

Green Card Application Process 

As we said before, the type of Green Card you apply for depends on your unique situation. As such, the steps you’ll take to apply for a Green Card will vary, too. Despite these differences, the general Green Card application process looks like such: 

1. Someone usually must file an immigrant petition for you (often referred to as sponsoring or petitioning for you). In some cases, you may be eligible to file for yourself.
2. After USCIS approves the immigrant petition, and there is a visa available in your category, you file either a Green Card application with USCIS or a visa application with the US Department of State.
3. You go to a biometrics appointment to provide fingerprints, photos, and a signature.
4. You go to an interview.
5. You receive a decision on your application.

Forms Needed for Your Green Card Application 

Although the circumstances for obtaining a Green Card vary on a case-by-case basis, most applicants will need to complete at least two forms —an immigrant petition and a Green Card application (Form I-485). Keep in mind that another person must sponsor you, although, you may qualify to file for yourself in limited situations. Among the most common forms needed for your Green Card application include: 

• Form I-130, Petition for Alien Relative
• Form I-140, Immigrant Petition for Alien Worker
• Form I-730, Refugee/Asylee Relative Petition
• Form I-589, Application for Asylum and for Withholding of Removal
• Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Form I-526, Immigrant Petition by Alien Entrepreneur
• Form I-918, Petition of U Nonimmigrant Status
• Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant

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