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Read MoreRequirements for Getting a Green Card (US. Permanent Residency)
Green Card allows foreign citizens to work and live permanently in the United States. There are several pathways through which an individual can apply for a Green Card, each with specific requirements.
Here’s a breakdown of the most common ways to obtain a Green Card:
1. Family-Based Green Card
Eligibility: This is one of the most common ways to obtain a Green Card. Local American citizens or lawful permanent residents can sponsor close family members. There are two main groups:
Immediate Relatives: Husband or wife, children under the age of 21 who are not yet married, and parents of US citizens. Annual quotas are not subject to this category, making it one of the fastest paths to a Green Card.
Family Preference Categories: This includes relatives such as unmarried children of US citizens (over 21), married children of US citizens, and siblings of US citizens. The wait times are longer due to annual caps on the number of visas issued.
Requirements:
A qualifying family relationship with an American citizen or lawful permanent resident.
The petitioner (US sponsor) must file Form I-130 (Petition for Alien Relative) with American Citizenship and Immigration Services (USCIS).
The sponsor must provide proof of financial support through an Affidavit of Support (Form I-864) to ensure the immigrant does not become a public charge.
Applicants must pass background checks, meet health standards, and not have a criminal history that could make them inadmissible.
2. Employment-Based Green Card
Eligibility: Many immigrants gain permanent residency through employment. Based on the applicant’s qualifications and job type, there are five categories (EB-1 to EB-5).
EB-1: People with extraordinary ability in fields like arts, sciences, education, or business. Also includes multinational executives and outstanding researchers or professors.
EB-2: Professionals holding degrees or individuals with exceptional field ability.
EB-3: Skilled workers (those with at least two years of experience), professionals (with a US bachelor’s degree or equivalent), and other workers (for jobs requiring less than two years of training).
EB-4: For special immigrants, including religious workers, translators for the US government, and certain employees of international organizations.
EB-5: This is for investors who invest at least $1.05 million above (or $800,000 in targeted employment areas) in a US commercial enterprise and create at least 10 full-time jobs for local workers.
Requirements:
Labor Certification: For EB-2 and EB-3, the US employer must show that no qualified US workers are available for the job through the PERM process.
Provided an offer of employment from an employer in the US (except for EB-1 extraordinary ability and EB-5 investors).
The applicant must submit Form I-140 (Immigrant Petition for Alien Worker), which the employer usually files on behalf of the immigrant.
3. Green Card through the Diversity Visa Lottery (DV Lottery)
Eligibility: The Diversity Visa Lottery is a program that issues up to 55,000 visas annually to those who are from countries with low immigration rates to the US. The list of eligible countries updates or changes each year.
Requirements:
The applicant must be born in a qualifying country.
Applicants must have a high school education or its equivalent and two years of work experience in a job requiring at least two years of training.
The selection process is random, and winners must meet all eligibility criteria and complete the visa process within the set timeline.
4. Refugee or Asylee Status
Eligibility: A person can apply for a Green Card after one year of US stay or being given asylum or refugee status.
Requirements:
The applicant must already be admitted to the US as a refugee or granted asylum.
Refugees and asylees must file Form I-485 (Application to Register Permanent Residency or Adjust Status) after one year of US stay.
Continued eligibility is required, meaning the applicant must still meet the refugee or asylee definition and not have resettled in another country.
5. Special Immigrant Categories
Eligibility: Certain individuals may qualify for a Green Card under special circumstances. This category includes:
Religious workers.
Special immigrant juveniles (children who have been abandoned or abused).
Citizens from both Afghanistan and Iraq who worked for the US government.
Requirements:
Applicants must submit Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) and provide documentation proving their special immigrant status.
Must meet admissibility standards, including background checks and health screenings.
6. General Eligibility and Admissibility Requirements
Regardless of the Green Card category, all applicants must meet specific general eligibility and admissibility criteria:
Health: Immigrants must pass a medical examination, including tests for infectious diseases.
Criminal History: Individuals with certain criminal convictions or involvement in terrorist activities may be ineligible for a Green Card.
Public Charge Rule: Immigrants must demonstrate that they will not rely on government assistance and have sufficient financial support.
Security Clearances: Applicants must not pose a threat to US national security
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Read MoreProgram: A plan or schedule of activities and procedures to be followed to accomplish a specific goal.
We’ve taken our years of experience handling marriage-based green cards and built a clear, understandable, predictable system that we and our clients follow to build and submit what we consider a winning application package. We stick to a set schedule to cover all aspects of building an immigration case, instead of a looser attorney/client relationship that is less structured. We find that using our system keeps our clients accountable and on track to reach milestones and goals and allows us to dedicate the time necessary to each of our clients’ important cases.
You should, if that’s what you want. In fact, we encourage you to speak to other law firms that handle only immigration law to understand their offerings and compare all of your options, since every one of our colleagues in immigration law will handle your case in their own way. We are not replacing the typical law firm, we are offering something different for those that want it. Over the last 10 years of serving clients in our area we’ve worked with all kinds of people and found that a large number of cases could be streamlined through our system, which would allow us to better serve our clients with value and an enjoyable experience.
However, our program is not well suited to complex cases, clients who want on-demand access to their attorney, clients who have difficulty with technology, or clients wanting in-person meetings. In those cases, we can either offer a more traditional attorney/client relationship (of which we have very limited availability) or we can refer you to one of our colleagues.
Our programs are not for everyone, and we don’t want to waste your time if this is not well suited to your case. Once you enter our program, our goal is to file your application package within 30 days, but some people don’t have certain required documents or information and it may take more than 30 days to get them (e.g. birth certificate, divorce decree, valid passport, etc).
That doesn’t mean you are never eligible for our program, it just means we have to get you to a place that you have what you need to be able to start the program. We can do that by taking a seat deposit to secure your future spot in the program and giving you guidance and information on getting the documents you need. By completing the quiz, you get to see if our program is suited to your case (either now or in the near future), or if you would be better off in a more traditional attorney/client relationship. At the end of the quiz, you will be able to schedule a call from our team to discuss your case further.
We do as much of the work for you as we can. We won’t make you fill out endless questionnaires on your own – we find that when our attorney collects your information, they are able to address questions in real time, making the process much simpler for you.
But the success of your application will also depend on the things that only you can do. Your job will be to get, and submit, evidenece that you have or will be creating (e.g. setting up accounts) during the program. That involves scanning and/or saving digital document files and uploading them to our online portal. Besides that, you will just have to attend your scheduled appointments and give us your full attention. Easy, right?
While we wish we could push all of our clients’ cases through the immigration agency faster, no one has control over how fast immigration agencies process green card applications. What we can do, together with you, is control how fast we get your case from the starting line to submission so your applications can get into the government’s process ASAP. The sooner your case is filed, the closer you will be to reaching the milestones and ultimate goal – green card in hand!
In a perfect world we would guarantee that your applications will be approved, but the reality is that no one can guarantee results because the decision to approve your case is in the hands of the Immigration Officer reviewing your case. What we can guarantee is that we will apply all of our years of experience and expertise in immigration law to put together what we consider to be an approvable application package under the law and regulations. If, during the program, we determine that your case is not approvable, we will discuss your options and may be able to offer a partial or full refund of your investment.
As you read this right now, you don’t. We haven’t met yet. But we will have a chance to talk on the phone or by video before we determine if we are a good fit for you and if you are a good fit for us and our program. And if we all decide this is a good fit and you join the program, you will have an orientation call where you will learn more details. We are confident that you will like the program, but if after that call, you change your mind, we will give you a full refund of your investment. That’s because we want you to achieve your goals in the best way that works for you.
If you have any questions, please contact us at hello@occamimmigration.com.
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