Navigating Immigration Law in New York
Moving to the United States and obtaining legal residency can be complicated. This guide aims to explain essential parts of the process for those looking to live in New York and provide helpful information so you can make informed decisions.
LaToya McBean Pompy immigrated to the United States herself. Her experience sparked an interest in helping many families unite in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you.
Understanding Green Cards and Permanent Residency
A green card grants you lawful permanent residency in the U.S. It allows you to live and work here permanently. There are different categories under which you can apply:
Family-based: If you have family members who are U.S. citizens or green card holders. More details below.
Employment-based: If a U.S. employer wants to hire you permanently. More below.
Humanitarian programs: For refugees, asylum seekers, crime victims, etc.
Other notable cases: Talk to a lawyer to see if you qualify.
Green card eligibility is complex, with advantages and limitations. Consult a lawyer about your case.
Choosing an Immigration Lawyer
The residency process has a lot of paperwork and many rules. An immigration lawyer can help:
Explain if you qualify and the best application category
Prepare forms and documents properly to avoid delays
Represent you if issues come up with immigration authorities
Family-Based Green Cards
If you have close family members in the U.S., you may apply through them. Eligible relatives include:
Spouses of U.S. citizens
Unmarried children under 21 of U.S. citizens
Parents, spouses, and available children under 21 of green card holders
Married children of U.S. citizens
Siblings of adult U.S. citizens
The application process involves submitting forms and documents and undergoing medical exams to prove your relationship. It's important to note that processing times can vary significantly depending on the specific category, current USCIS workload, and other factors. Up-to-date processing times can be found on the USCIS website.
Employment-Based Green Cards
If a U.S. employer wants to hire you permanently, they can sponsor you for residency. First, they need approval from the Department of Labor confirming:
Hiring you will not negatively impact U.S. wages/working conditions
Next, they file a visa petition. If approved, you can then apply for a green card to work permanently.
There are five employment-based green card categories, each with requirements:
Priority workers: People of extraordinary ability (e.g. outstanding professors, researchers); due foreign nationals that would substantially benefit the U.S. economy.
Professionals holding advanced degrees or persons of exceptional ability (advanced degree professionals and those with extraordinary skills).
Skilled workers with at least two years of training, professionals with baccalaureate degrees.
Religious workers, former employees of the U.S. government abroad
Adjustment of Status vs. Consular Processing
How you get your green card depends on your current location/status:
Adjustment of Status: If you are already in the U.S. on a visa, you can "adjust status" and get a green card while remaining in the U.S. You apply to U.S. Citizenship and Immigration Services (USCIS).
Consular Processing: If you are overseas, the approved visa petition is sent to the U.S. consulate in your home country. You then apply at the consulate for an immigrant visa. Once issued, you use the visa to enter the U.S. as a lawful permanent resident.
Navigating the Green Card Application Process
The green card application process seems long but can be straightforward with an attorney's help. Key steps include:
Establish eligibility through family or employment.
File petition and supporting documents. Includes medical exam and financial affidavits.
USCIS reviews immigrant petitions - approval can take months.
If approved, file a green card application.
Interview at local USCIS office.
USCIS Decision - If approved, a green card arrives in the mail.
Having a New York green card lawyer prepare your paperwork correctly and represent you helps avoid delays and rejections.
Frequently Asked Questions About Green Card Applications
1. What Is The Role Of An Immigration Lawyer In New York?
A New York immigration lawyer advises and represents clients seeking green cards or other U.S. visas. They handle legal paperwork and complex application processes. If immigration problems occur, the lawyer can advocate for your case with the authorities.
2. How Long Does Getting A Green Card Take?
Processing times vary significantly by category - from less than a year for some family cases to many years for backlogged situations. An experienced attorney guides you through expected timeframes. Proper documentation also avoids delays.
3. Can I Work While My Green Card Application Is Pending?
Your lawyer helps determine if you qualify.
4. What Are The Top Reasons Applications Get Denied?
Reasons include errors, omissions, or incorrect forms that raise questions; the applicant does not meet eligibility criteria; found inadmissible due to health, criminal, or security reasons. Quality immigration legal counsel minimizes such pitfalls.
5. How Can I Maximize Approval Chances?
Work with an experienced immigration lawyer from the start. They ensure you apply under the right category, submit a complete error-free application, follow all rules, and adequately establish eligibility to immigration authorities. Legal advice is invaluable.
Work with a New York Green Card Lawyer
Immigrating to America and obtaining a green card can be convoluted. But the process can be manageable for you. Working with an immigration lawyer experienced with New York green cards who can inform you about categories, eligibility, and timelines is the best action.
Our experienced immigration attorneys at McBean Law can help determine your qualifications and guide you through the application process. Contact us today at (888)-462-4006 for a consultation to see if the naturalization appeals process suits your situation and goals.
