Green Card Eligibility
There is no denying that the United States’ immigration system is intimidating and complicated by numerous and confusing laws. Many individuals who are lawfully present in the country are either legal permanent residents or eligible to obtain their permanent residency. Permanent residents are better known as having their green card. According to United States Citizenship and Immigration Services (“USCIS”), those eligible for a green card must meet the following requirements:
- Be eligible for one of the immigrant categories established in the Immigration and Nationality Act (INA)
- Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
- Have an immigrant visa immediately available
- Be admissible to the United States
Many of these individuals are present in the country as a result of either family based or employment based immigration. Additionally, individuals who have been granted refugee status or asylum in the United States may be eligible to become legal permanent residents.
In order to obtain a green card, a citizen or legal permanent resident must file a petition with USCIS. The petition establishes the immigrant’s eligibility to receive a visa and to enter the United States. Entering the United States lawfully requires obtaining a visa. USCIS has created different visa preference categories and capped the number of visas it issues in order to help curb immigration. The requirements for obtaining a visa will depend upon on the category under which an applicant files a petition.
Family Based Immigration
Immigration law permits individuals who are relatives of either United States Citizens or legal permanent residents to immigrate to the United States lawfully with an appropriate visa. Various family-based subcategories exist. Some categories, such as immigration based upon on a fiancé visa, may have additional requirements prior to the immigrant obtaining his or her green card.
Employment Based Immigration
USCIS has also created a variety of subcategories for individuals who immigrate to the United States for purposes of employment. Like family based immigration, visas are capped by preference category.
Refugee or Asylum Based Immigration
Refugees and those granted asylum have been displaced from their home as a result of persecution; they cannot return to their home country. Fortunately, these individuals are able to establish new roots in the United States after one year of being granted status in the US.
Contact a New Jersey Immigration Attorney Today
If you believe that you are eligible to receive your green card, you should seek the legal counsel of an experienced immigration attorney. Attorney Ronald Mondello will work with you to ensure you are eligible to obtain a green card, help assemble your petition, and address any potential legal issues that may exist. Call 201-703-9400 today for more information.
