A US Green Card stands out as the document that authorizes immigrants to legally live and be employed in the United States, although the process to obtain this documentation can be complicated. Eligibility requirements and proper forms are only the start of the multi-step process, and so, an immigration lawyer is recommended. Not only can an immigration lawyer ensure the proper and accurate filing, they are able to also be crucial in the appeal process should the application result in denial.
Adjustment Of Status Process
The Adjustment of Status Process is considered the name given for the process of completing a US Green Card application. Completing the process correctly is critical for approval, as the omission of any required information can lead to an application denial. The Adjustment of Status Process is completed in the following 6 steps:
Determination of eligibility.
Filing the Immigration Petition based on the area of eligibility.
Check visa availability.
File Immigration Application
Submit fingerprints at the Application Support Center
Attend interview at the appropriate US Citizenship and Immigration Services facility
An immigration law practice can offer the guidance required to make sure that each step of the process is completed completely and in the correct order, and they should be invaluable for making sure each of the necessary forms is completed accurately the very first time.
Eligibility
Determination of eligibility is the first step of the Adjustment process. The eligibility requirements encompass 4 basic categories, which are stated in the Immigration and Nationality Act. These four categories are outlined below:
Family-based, meaning parents, spouses, and children of U.S. residents.
Employment-based, for when a Green Card is required to secure employment.
Refugee or Asylum status, although this is usually granted one year after initial entry.
Special Categories to cover numerous special situations, such as Diplomat or Informant, Victim of Criminal Activity, or religious workers and broadcasters.
While these categories may seem to be self-explanatory, immigration lawyers are well versed in the exact nature of each and every one, which means that they are able to determine any factors that may affect eligibility status. Even more important, they’re familiar with the forms that are required by each eligibility category. Proper completion of the forms is critical to the Adjustment process, as incomplete or missing information can result in delays or application denial.
Completing The Necessary Forms
The Immigration Petition and Immigration Application are two separate forms, with the Petition often being required to be filed first. The Petition is only for the approval of eligibility, and for this reason there isn’t a single petition that is relevant to every applicant. Which petition is required is dependent upon the eligibility category, and these are divided as follows:
Form I-130 is used for Family-Based eligibility.
Form I-140 is for Employment-Based eligibility.
Form I-526 if for entrepreneurs who wish to begin a business in the U.S..
Form I-360 is for the situations covered in Special Categories.
The Immigration Application, Form I-485, if filed only after the eligibility Petition has been approved, and after a visa has been obtained. Immigration attorneys can be extremely beneficial with regards to this necessary paperwork of the Adjustment of Status Process, for both making certain the forms are completed accurately and for ensuring they’re submitted in correct order. The submission of fingerprints as well as the interview are the final steps of the Adjustment process, and Form I-94 may be needed in addition to travel documents. Form I-94 is the Arrival and Departure record for entering and leaving the U.S..
The Event Of Application Denial
Should a Green Card application result in a denial, an immigration law firm has the expertise needed for filing an appeal. They can also file a Motion to Reopen or Reconsider if there is belief the denial was issued in error. However, applicants should be aware that not all denials can be appealed, and immigration attorneys can recommend if the appeal or motion is going to be worth the effort.
A US Green Card is necessary for an immigrant to be a permanent resident of the US. However,the application process is often overwhelming. Determining eligibility is definitely the initial step, even though it is definitely the forms that can be especially challenging to complete. Different forms are needed for different situations, and immigration lawyers have expert knowledge on both the required forms and also the filing process. An additional benefit is the fact that immigration attorneys have the ability to determine if an appeal will be successful in case of a denial, allowing them to submit a Motion to Reopen or Reconsider if they feel it will likely be beneficial. The complicated procedure of applying for a US Green Card can certainly make the expertise of a reputable immigration lawyer an essential tool for easing the entire application process.
Milla Connell has sponsored refugees since 2007, which was the inspiration for writing about immigration. Milla Connell has in the past written for Niren and Associates, who can be reached at (519) 967-0822 or online at www.WINDSORIMMIGRATIONLAWYER.COM