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How do I get a Green Card?

By Minnesota Immigration Lawyers

This is one of the most common questions we receive, “how do I get a green card through my marriage, work, etc.?”  The process depends on whether you are seeking a green card through work or family relationship.  When someone has a green card, this means that they hold the status of lawful permanent resident. This allows them to live and work permanently in the United States.

Family Green Card
Not all family relationships qualify for green card sponsorship. If the sponsor is a U.S. Citizen, they may petition for the following relatives to immigrate to the U.S.:

  • Husband or wife
  • Unmarried child under 21 years of age
  • Unmarried son or daughter over 21
  • Married son or daughter of any age
  • Brother or sister, if the sponsor is at least 21 years old
  • Parent, if the sponsor is at least 21 years old.

If the sponsor is a lawful permanent resident, they may petition for the following relatives to immigrate to the U.S.:

  • Husband or wife
  • Unmarried son or daughter of any age.

The next step is determining whether you can apply for your green card in the U.S. through U.S. Citizenship and Immigration Services – USCIS or whether you must process your case through a U.S. consulate abroad.  The answer to this question involves a detailed analysis of your case because only certain cases can process in the U.S. while others must process abroad.  If you file your case in the wrong place, this can have serious consequences.

Work Green Card
If you want to get a green card based on your job in the United States, or if you are an employer that wants to sponsor someone for a green card, you must go through a multi-step process.  This process generally involves complicated filings with the U.S. Department of Labor and U.S. Citizenship & Immigration Services (USCIS).
First, the worker and the employer must determine if the worker is eligible for lawful permanent residency under one of USCIS's paths to lawful permanent residency.
Second, most employment categories require that the U.S. employer complete a labor certification request for the applicant, and submit it to the Department of Labor's Employment and Training Administration (DOL). DOL must either grant or deny the certification request.  This process requires the employer to prove that it cannot find a qualified and willing U.S. worker for the position.  This process is commonly referred to as Labor Certification.
Third, after receiving certification from the Department of Labor, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.  If a visa number is not available, the case will be delayed until a visa number becomes available.  Depending on the job category, it can take years for a visa number to become available.
Fifth, if the applicant is already in the United States, in some circumstances he or she may apply to adjust to permanent resident status (Form I-485) after a visa number becomes available.  If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
Our office is located in Minnesota and our immigrant lawyers can help with your case regardless of where you are located.  You may contact us at vmartin@cundyandmartin.com or 952-746-4111 for more information.

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