J. Molina Law Firm

Green Card Application Guide

A Permanent Resident Card or Green Card proves that you are authorized to work and live permanently in the United States. That’s why today, permanent U.S. residents aged 18 or older are required to always carry their U.S. Green Card with them. There are many paths to get your permanent resident card; you can either get it after you get a job offer in the United States, by applying for asylum, or after a family member legally living in the U.S.has filed a family-based Green Card application for you. To apply for permanent residency in the U.S., you must meet specific requirements. Here is a guide to help you find the best path.

How to Check Your Eligibility for a Green Card Application

Before starting the process, you must determine if you are eligible for a green card. The eligibility requirements needed before applying for it are:

  • Having a qualifying immigrant petition filed and approved.
  • Having an available immigrant visa.
  • Being admissible to the United States

Know Right Process for Your Permanent Resident Application

Depending on your current situation, you can either go for an adjustment of status process or consular processing.

Adjustment of Status

This is the process you can use to apply for a green card when you are present in the United States. This means that there is a chance that you will get a Green Card without having to return to your country to complete the visa process. Note: If you are outside of the United States, you must get your visa abroad through a consular processing process.

Consular Processing

This is the method immigrants use to get their Green Card when they are outside the United States or not eligible to adjust their status in the United States.

Concurrent Filing

When you are getting a Green Card through family, employment, or as a special immigrant, you will probably need to have a petition (form I-130) filed for you. That is when concurrent filing comes in. Concurrent filing is when an immigrant petition is filed at the same time you file your application for the Green Card. Depending on the status the person living in the United States has, they have a higher priority and more possibilities to petition family members. U.S. citizens can ask for siblings or parents, and if that’s the relationship you hold with them, it might be helpful to read: Should I renew my Green Card or apply for citizenship?

Prior Steps to Your Green Card Application

Once you’ve determined the process you’ll follow to get your Green card, there are a few other things you must take into account before filing:

1. Check Visa Availability and Priority Dates

Make sure a visa is available before applying for a Green Card. In some categories, visas are always available, while in others, there is a limited number of visas. Priority dates are given to the immigrants waiting in line to get an immigrant visa and determine when a visa becomes available.

2. Learn About Travel Documents

You should learn more about when you can travel outside the United States after you apply for a green card or if you already have one. Just in case, you should also learn how to apply for a refugee travel document, advance parole, and a re-entry permit.

3. Get an Employment Authorization Document

U.S. employers must ensure all employees, regardless of citizenship or nationality, are allowed to work in the United States. The Employment Authorization Document is a way to prove that you have permission to work in the United States for a specific period. To request an Employment Authorization Document, you must file Form I-765.

Other Things You Should Take Into Account

Other things related to the Green Card application that you should consider and be prepared for are:

Immigration Medical Examinations

In most cases, when you apply for a green card, you are required to go through a medical exam. The green card medical examination is a crucial step. A government-authorized doctor will complete the exam, which consists of various parts:

  • A review of your immunization records and medical history.
  • A mental and physical evaluation.
  • Alcohol and drug screening.
  • Tests for various illnesses and diseases.

Affidavit of Support

An affidavit of support is a form that a sponsor files on your behalf when applying for an immigrant visa or a Green Card. It is required for most immigrants before obtaining a green card. The purpose of this is to demonstrate that you have the financial stability needed to live in the United States without needing financial benefits or welfare from the U.S. government.

Public Charge

This is similar to the previous step. In this step, most immigrants must demonstrate that they will not become a public charge to get a Green Card. *A public charge is when a person depends on the money of the U.S. government to
support themselves.

Child Status Protection Act

Your age can determine if you are eligible for a Green Card as a child. The Child Status Protection Act or CSPA allows some children who have aged out (become 21 years or older) after an immigrant petition has been filed so they can remain eligible through their parent for a Green Card.

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