Helping Clients Through the Green Card Application Process

Becoming a permanent resident as soon as possible is a goal for many individuals who come to the United States, and obtaining a Green Card is a crucial part of this process. It can help immigrants build a stable life and travel and work without restrictions. While it’s common for the Green Card process to take several years, there are some options that can help a person become a lawful permanent resident in two years or less. Whether this is possible depends on how the person entered the country, their current status, and any past experiences with immigration.

If you are ready to pursue a Green Card or you have questions about the process, contact Mi Sueño Americano at (323) 672-4423 to schedule a consultation with an immigration attorney. Our team has experience helping qualifying applicants get a Green Card in two years or less, and we can help you understand your options and choose the right path for your circumstances.

What Is a Green Card?

A Green Card is a formal legal document issued by the United States Citizenship and Immigration Services that identifies the holder as a lawful permanent resident of the United States. The official name for a Green Card is a Permanent Resident Card, but it is commonly referred to as a Green Card because the original documents were green.

A Green Card is often the next step in the immigration process after someone successfully obtains a visa. There are various types of Green Card categories, including family-based, employment-based, and humanitarian options.

What Benefits Does a Green Card Provide?

Many clients wonder if it is worth it to pursue a Green Card if they already have a valid visa, and the answer is often yes. A Green Card provides key advantages and long-term benefits that a visa does not. One of the most important benefits is that it allows the holder to establish legal permanent residency in the United States, which includes the ability to work legally. It also allows you to travel outside the United States more easily, which can be a crucial benefit for those who want to be able to visit family or friends in their home country.

Being a Green Card holder also means that you enjoy the legal protections of U.S. laws, including constitutional rights and protection from deportation, unless there are specific circumstances, such as committing a crime. Green Card holders are also eligible for certain government benefits.

If one of your goals is to eventually bring your family member over to the United States with you, a Green Card provides a path for you to sponsor certain family members, such as a spouse or qualifying unmarried children.

How Can You Get a Green Card?

There are many paths to getting a Green Card, and what’s right for you depends on your immigration goals, current situation, and past experiences. Some of the most common options are family-based or employment-based immigration petitions. At Mi Sueño Americano, we know that many of our clients are looking for the fastest path to a Green Card, and we can help with the following situations, which can often result in obtaining a Green Card in two years or less.

Adjustment of Status

An adjustment of status is one of the fastest ways to get a Green Card because it means that you can get your residency here in the United States. This means they don’t have to return to their home country and go through the process of getting a visa first. An adjustment of status can apply to several immigrant categories, including those who came to the United States through family, employment, or humanitarian reasons.

Visa Entry for a Parent/Spouse of a U.S. Citizen

If you have already entered the United States through a visa and now qualify as an immediate relative, it can offer a faster path to a Green Card. The immediate relative status means that there are first-preference visas already available, so you don’t have to worry about caps or waiting for more visas to open. To qualify for this option, you must either be the spouse of a U.S. citizen or the parent of a U.S. citizen over the age of 21. Unmarried children under the age of 21 who have at least one parent who is a U.S. citizen can also apply.

Advance Parole

Those with temporary protected status or who are current Deferred Action for Childhood Arrivals (DACA) recipients can use advance parole as a way to open up a faster path to a Green Card. Once you are granted advance parole, you can exit the country and then re-enter legally. This gives you the necessary lawful entry to then apply for a Green Card through an adjustment of status. This option can be faster than applying for a Green Card through consular processing in your home country.

Military Parole in Place

Military parole in place (PIP) is a discretionary immigration benefit for certain qualifying family members of U.S. military service members and veterans. It allows those who are already in the United States without lawful status to remain in the country and potentially apply for a Green Card. Eligible family members are spouses, parents, and some children of active-duty service members, honorably discharged veterans, and selected members of the Ready Reserve. This is a great additional benefit to those serving in the Army, Navy, Air Force, Marines, Coast Guard, Space Force, and more.  Once someone with a qualifying relationship is granted parole status, they are then able to apply for a Green Card through an adjustment of status.

Section 245(i)

Section 245(i) of the Immigration and Nationality Act is a special rule that allows some people who would not usually meet the requirements to apply for a Green Card to do so while remaining in the country. To be eligible, you must have an immigration petition or qualifying labor certification that was filed on or before April 30, 2001. The first step is to ensure that you have a qualifying petition or certification. An immigration attorney can review your history and specific circumstances and let you know if an adjustment of status under Section 245(i) is an option for you.

It’s understandable to want to get your Green Card as soon as possible, and these options can help speed up the process for those who qualify. But eligibility depends on your personal history and circumstances, and processing times are estimates and subject to change. If you’re not sure which Green Card pathway is the right one for you, call our firm to speak to an attorney.

What Are the Most Common Reasons a Green Card Application Is Denied?

Understanding the common challenges that can arise when you apply for a Green Card can ensure you know what to expect and how to respond if you encounter one of these hurdles. One of the most common reasons that Green Card applications are denied is not submitting a complete application. Seemingly small issues like forgetting to sign one of the pages or not including English translations of all of your documents and evidence can result in your application being delayed or denied outright. Immigration attorneys know the common things that many people forget, and they can go through your application to ensure it has everything you need.

A Green Card application may also be denied if there isn’t enough documentation to prove a qualifying relationship or that the applicant is admissible to the United States. If you have previous immigration violations or a criminal record, for example, it could make it harder to get a Green Card. In some cases, an attorney can help you correct this through a waiver or other filing, but what’s required depends on your specific situation.

Can You Apply for Citizenship With a Green Card?

If your end goal is to become a naturalized citizen of the United States, obtaining permanent residency through a Green Card is an important step. Once you have been a lawful permanent resident for three to five years, you can start the application process for citizenship. Green Card holders who are married to a U.S. citizen can start the process after just three years. You must also be at least 18 years old at the time of the application, have a basic command of the English language, be able to pass the U.S. civics test, and be of good moral character.

The process of applying for naturalization starts by talking with an immigration attorney to confirm that you are eligible and filling out Form N-400, which is the Application for Naturalization. You will have an immigration interview, which is where you will be able to demonstrate your knowledge of English and take the civics test. Once everything has been processed, you will take your Oath of Allegiance and be granted naturalized citizen status.

How Can a Green Card Lawyer Help?

Determining your Green Card eligibility and choosing the right path can be challenging, but the law firm of Mi Sueño Americano is here to help. Working with an immigration lawyer can help you streamline the process of applying for a Green Card by determining the fastest possible route and helping you identify and gather the supporting evidence you need to present a thorough and accurate application. An attorney can also help you manage deadlines, prepare for your immigration interview, and navigate any issues that may come up, such as a Request for Evidence.

When you work with Mi Sueño Americano, you get the benefit of an experienced attorney who can offer personalized legal advice based on your immigration goals and history. If you want to learn more about Green Card eligibility and the fastest path possible, contact our firm at (323) 672-4423 to schedule a consultation. We’ll answer your questions and talk with you about what you can do to get this process started.