San Jose Green Card Attorney
Helping Bay Area Clients Achieve Permanent Residency in the US
A Green Card, also known as a Permanent Resident Card, allows a person to permanently live and work in the United States. You can become a Green Card holder in various ways depending on your particular situation. Most people become permanent residents through sponsorship by a family member or employer in the US, while others get their Green Cards through refugee or asylee status, among other humanitarian programs. In limited cases, you may be eligible to apply for a Green Card individually.
Just over 1 million people became lawful permanent residents in 2019, and you could be next. With the help of our San Jose Green Card lawyer, you can rest assured that we will provide the guidance, insights, and representation you need to get through the process. We have over 10 years of experience helping people in your shoes and our founding attorney is a son of immigrants himself, meaning we know what it takes to help you achieve the outcome you want.
Get honest, straightforward legal counsel. To get started, schedule a consultation online or at (650) 590-8258!
How to Get a Green Card in the US
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:
- 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.
- 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.
- You go to a biometrics appointment to provide fingerprints, photos, and a signature.
- You go to an interview.
- 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
For top-rated legal representation, contact our firm online or at (650) 590-8258!