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Green Card FAQs
Frequently Asked Questions
What are the basic requirements to apply for a Green Card?
Green Card eligibility depends on your category, such as marriage, family sponsorship, or employment. Each category has different requirements, forms, and evidence you must provide. We guide you on the pathway that best fits your situation before you apply.
How long does the Green Card process usually take?
Processing times vary based on your category, where your case is handled, and whether USCIS requests additional evidence. Many cases take several months to over a year, though some may take longer.
Can I apply for a Green Card if I’m already in the United States?
Many applicants can apply through Adjustment of Status if they meet certain requirements. Others may need to complete the process abroad. The right option depends on your immigration history and current status.
What is the difference between Adjustment of Status and Consular Processing?
Adjustment of Status allows you to apply from inside the United States, while Consular Processing requires an interview at a U.S. embassy or consulate abroad. Both lead to the same result, but the steps and timing differ. Some applicants qualify for one option, while others may qualify for both.
What forms do I typically need for a Green Card application?
Most cases require a petition, a Green Card application, and supporting documents, though the exact forms depend on your category. We will advise what is needed for your case.
Why do I need a lawyer to apply for a Green Card?
Many applicants get a lawyer because the process involves detailed forms and supporting evidence. A lawyer can help you avoid common mistakes and feel more prepared. Legal guidance may also reduce stress throughout the process.
How does my current visa or immigration status affect my ability to apply?
Your current visa or immigration status can determine whether you qualify for Adjustment of Status or must complete Consular Processing. While some statuses allow you to remain in the U.S. during your application, others have specific restrictions and may require careful planning to avoid interruptions to your stay.
What documents do I need for a Marriage-based Green Card?
You will typically need proof of your marriage, identification documents, financial forms, and evidence that your relationship is genuine.
Can we apply for a Marriage-based Green Card if we recently got married?
Yes, many couples apply shortly after getting married. USCIS understands that relationships look different for everyone. You simply need to provide strong evidence of a genuine marital relationship.
Which family members can I sponsor for a Green Card?
U.S. citizens can sponsor spouses, children, parents, and siblings, while Green Card holders can sponsor spouses and unmarried children.
How long does a Family-based Green Card take?
Timelines vary. Processing times depend on visa availability and your family relationship category.
Why do some Family-based applications take longer than others?
Timelines depend on visa availability, USCIS workload, and where the beneficiary lives. Preference categories can have multi-year waits. Immediate relative cases are often processed faster.
What are the main types of Employment-based Green Cards?
The main categories are EB-1, EB-2, and EB-3, each with different requirements and qualifications.
Does my employer have to sponsor me for a Green Card?
Employment-based categories require employer sponsorship, though some allow self-petitioning.
What is PERM, and when is it required?
PERM is a labor certification process used for many EB-2 and EB-3 cases to show no qualified U.S. worker is available.
What if I’m missing a required document for my application?
USCIS often allows alternatives or explanations if certain documents are unavailable. Secondary evidence may be accepted in some cases. It’s important to clearly explain why a document is missing.
Do I need to submit original documents, copies, or both?
Most filings use copies, but USCIS may ask for originals later if needed.
How long does it usually take to receive a work permit (EAD)?
EAD timelines vary by category and USCIS workload, often taking a few months.
Can I work while my Green Card application is pending?
Most applicants need a work permit before starting employment during the process.
What is a Request for Evidence (RFE)?
An RFE is a USCIS request asking for missing or additional information before making a decision. It does not mean something is wrong; it simply means more detail is needed. Responding clearly and on time is important.
What should I expect during my Green Card interview?
Interviews usually cover your application details, eligibility, and supporting documents. We help you prepare thoroughly for this.
Who is the attorney handling my case, and what experience does he have?
Your case is handled by Justin Scott, an experienced Green Card attorney with more than a decade of practice. His background spans Family-based, Employment-based, and Marriage-based Green Card cases, with leadership roles in top immigration firms.
Which states and countries do you serve?
We serve clients in all 50 states in the U.S. and worldwide. See all the areas we serve.
What happens during the first consultation with you?
We help you understand your immigration history, eligibility, and any potential red flags. We then outline your pathway options and explain the steps required for a structured, legally precise case plan.
Does receiving an RFE mean my case will be denied?
No, many cases receive RFEs and are still approved after additional evidence is submitted. USCIS often asks for clarification or updated documents. An RFE is a chance to strengthen your case.
What does “case is actively being reviewed” mean?
It generally means a USCIS officer has picked up your case for review. Some cases move quickly from this stage, while others may take more time. It’s a normal part of the process.
Can I reschedule my Green Card interview if I need to?
Most applicants can request a rescheduled interview for valid reasons. USCIS will review the request and provide a new date if approved.
Do I need certified translations for foreign-language documents?
Yes, any foreign-language document must include a certified English translation. The certification confirms accuracy. Translations should be prepared by someone fluent in both languages.
What happens if USCIS delays my case?
USCIS timelines can vary due to workload, background checks, or staffing. Many delays resolve on their own over time. You can monitor your case status and check posted processing times.
What should I expect during a consultation with Your Green Card Lawyer?
A consultation is a chance to ask questions, understand your options, and discuss your goals. We review your situation and explain the general steps involved. You’ll leave with a clearer understanding of what to expect.
What information should I prepare before scheduling a consultation?
It is helpful to gather basic details about your immigration history, relationship, or employment background. Bringing key dates and documents can make the conversation smoother. You don’t need everything perfect, we can guide you.
Applying for a Green Card can feel overwhelming, especially when you are unsure which forms you need, how long the process takes, or what to expect along the way. These FAQs answer the most common questions so that you can move forward with confidence. While every Green Card application is unique, these general explanations can help you understand the process and what typically happens.
If you need guidance for your specific situation, our team is here to help.
This information is for general educational purposes only and is not legal advice. Reading this page does not create an attorney–client relationship. Immigration laws change frequently, and your situation may require personalized guidance.
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