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Permanent Residency/Adjustment of Status Attorneys

Permanent residents enjoy certain rights and responsibilities in the United States, and there are several pathways you can use to become a permanent resident. Due to the complex nature of this process and the numerous requirements you have to meet before your application is approved, it is highly recommended that you work with an immigration attorney.

Wherever you are in the process, the team at Castillo & Associates is here to help you. Call us at 800-497-9774 to set up a time to talk to one of our immigration lawyers now.

Requirements for Family-Based Permanent Residency

Many people seeking green cards do so via the family-based immigration system. This option is available to those with a family member who is an American citizen or permanent resident. This may be an option for you if you are:

  • The spouse of a U.S. citizen or permanent resident
  • The unmarried adult child of a U.S. citizen or permanent resident
  • The minor child of a U.S. citizen or permanent resident
  • The married child of a U.S. citizen
  • The sibling of a U.S. citizen 

While some of the people listed here can immigrate without having to wait a substantial amount of time, others are part of preference categories. The amount of time it takes for those in preference categories depends largely on the current backlog.

Requirements for Employment-Based Permanent Residency

If you have built a career in the United States, want to start a business here, or possess extraordinary skills or abilities, employment-based permanent residency could be the right path for you. There are several preference categories within the world employment-based immigration. Those given first preference are in the EB-1 category. This category includes those with extraordinary abilities in science, art, education, athletics, or business. It also includes international managers and executives, as well as certain professors and researchers. Those falling into EB-2 include those who work in fields with advanced degrees. EB-3 is reserved for professionals, skilled workers, and other workers.

There are strict requirements within each category, which is why it’s important to consult an immigration attorney as soon as you begin considering permanent residency. For example, those seeking a green card in the EB-2 category must meet three of the following requirements:

  • A degree, certificate, or other award from an educational institution highlighting your area of ability
  • At least 10 years of experience in your professional field
  • A license to practice your chosen profession
  • Earned income for your professional abilities
  • Membership in at least one professional organization
  • Recognition for your accomplishments within your industry 

USCIS is extremely cautious with green card applications, and even with full documentation of your qualifications, they will likely do substantial digging to ensure that you are safe and qualified for entry. Working with an attorney is one way to ensure that you send the documentation you need for a successful application.

Permanent Residency for Refugees and Those Seeking Asylum

The United States does grant green cards to those who are designated as refugees or people seeking asylum. The waiting period is one year, starting when the individual enters the country as a refugee. Due to the pressing nature of these applicants’ needs, green card applications for refugees and asylums are handled differently than applications for those seeking family- or employment-based immigration. Consider working with a lawyer with experience in refugee and asylum green cards to help you navigate this process.

What is an Adjustment of Status? The adjustment of status process allows those who are already in the United States to apply for a green card. The process can take upwards of a year, depending on which pathway to residency you take and whether or not there is a visa available in your category. After verifying the adjustment of status requirements for your eligibility category, you can file your immigrant petition. If you are here via employment- or family-based immigration, your sponsor will need to petition on your behalf. Once there is a visa available in your category, you can move onto filing your I-485.

From there, the process is fairly straightforward. You must attend a biometrics appointment, attend a USCIS appointment, and wait for USCIS to make a decision regarding your application.

How Castillo & Associates Can Help

 We know that the path to permanent residency can be long, bumpy, and stressful. With the right legal representation, you can streamline the process and save yourself time. Let’s talk about your next steps and how we can help. Just send us a message online or call us at 800-497-9774.

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