Permanent residency opens long-term opportunities for individuals and families in the U.S. Whether through a job offer or a qualifying relationship, the path to a Green Card depends on eligibility, documentation, and timing. Legal processes vary depending on whether an applicant is inside or outside the U.S., making guidance essential.
A permanent residency attorney can assess eligibility, recommend the best route (adjustment of status or consular processing), and ensure that filings meet USCIS requirements. For employment-based Green Cards, this includes verifying labor certifications and preparing employer documentation. Correct filing of I-130 petitions and supporting records is critical in family-based cases, especially when visa categories are backlogged.
Priority dates, visa availability, and petition types all influence wait times. A lawyer helps clients file complete, timely applications and avoid delays caused by errors or missing documentation.
How to Obtain Permanent Resident Status
A Green Card (also known as a Permanent Resident Card) allows you to live and work permanently in the United States. The steps you must take to apply for a Green Card will vary depending on your individual situation.
Green Card Eligibility Categories
To apply for a Green Card, you must be eligible under one of the categories listed below. Once you find the category that may fit your situation, click on the link provided to get information on eligibility requirements, how to apply, and whether your family members can also apply with you.
- Green Card through Family
- Green Card through Employment
- Green Card as a Special Immigrant
- Green Card through Refugee or Asylee Status
- Green Card for Human Trafficking and Crime Victims
- Green Card for Victims of Abuse
- Green Card through Other Categories
- Green Card through Registry
Green Card Processes and Procedures
Green Card Eligibility Categories
Determine if you are eligible for permanent resident status. Review the eligibility requirements needed before applying for your Green Card.
Adjustment of Status
Immigrants adjust their status to permanent residents to get a Green Card while in the United States.
Consular Processing
Consular processing is the method immigrants use to get their Green Cards when they are outside the United States or when they are ineligible to adjust their status in the United States.
Concurrent Filing
Someone may need to petition you when getting a Green Card through employment, family, or as an extraordinary immigrant. Concurrent filing is generally when the immigrant petition is filed while you apply for a Green Card. Learn what concurrent filing is and what categories are eligible to file concurrently.
Visa Availability and Priority Dates
A visa must be available for you before you can apply for a Green Card. In some categories, visas are always available, while in others, there are a limited number. Priority dates are given to immigrants waiting in line to get an immigrant visa and determine when a visa becomes available. Learn how to tell if a visa is available to you.
Travel Documents
Learn more about if and when you can travel outside the United States after applying for a Green Card or once you have a Green Card. You can also learn how to apply for advance parole, a Refugee Travel Document, and a re-entry permit.
Employment Authorization Document
Learn more about whether you are eligible for work authorization in the United States and how to apply for an Employment Authorization Document (EAD).
Immigration Medical Examinations
Most applications for a Green Card require a medical exam. Learn about who must complete a medical exam and the specific forms and procedures you must follow.
Affidavit of Support
An affidavit of support is a form that a sponsor files on your behalf when applying for a Green Card or immigrant visa. It is required for some (but not all) categories of immigrants before they can become permanent residents of the United States. The form aims to show you have the financial means to live in the United States without needing welfare or financial benefits from the U.S. government.
Public Charge
Most immigrants must show that they will not become a public charge to get a Green Card. Learn more about public charges.
Child Status Protection Act
Your age can determine your eligibility for a Green Card as a child. The Child Status Protection Act, often called CSPA, allows children who have aged out (become 21 years or older) after an immigrant petition has been filed to still be eligible for a Green Card through their parents.
Transfer of Underlying Basis
An adjustment of status applicant occasionally prefers to have their pending application considered under a different immigrant category. For more information about transferring, see the USCIS Policy Manual.
To transfer the basis of your pending adjustment of status application to a different eligibility category, you generally must submit a written request to the USCIS office with jurisdiction over the application. USCIS has also established a new location that should be used to submit transfer requests between employment-based categories. See Green Card for Employment-Based Immigrants, Transfer of Underlying Basis.
Delays, Missteps, and How to Avoid Them
Common delays stem from missing evidence, incorrect filing, or misjudged eligibility. Concurrent filing, where a petition and application are submitted together, is only available when current visa numbers are available. Mistiming this step can result in rejection.
Applicants also risk delays if they travel without advance parole or fail to maintain lawful presence. These errors can make someone ineligible to adjust their status. A permanent resident attorney reviews eligibility early and flags risks that could jeopardize approval.
Many applicants overlook technical steps like medical exams, affidavits of support, or proving they won’t become a public charge. Missing these requirements often leads to Requests for Evidence or denials.
Business Immigration
American employers—especially in agriculture, construction, and services—frequently sponsor workers for permanent residency. To do so, they must comply with Department of Labor rules, including PERM labor certification. This involves recruitment efforts, applicant tracking, and documentation of the hiring process.
The Bernard Firm P.L.C. works with businesses across the United States to ensure compliance and smooth filing. This helps reduce delays and meet workforce needs with long-term employees. The firm also assists in responding to audits or Requests for Evidence during the process.
Legal support is particularly beneficial for smaller businesses, which need to handle PERM applications, I-140 filings, and timing-related issues that affect visa issuance.
Green Card Options for Academics and Researchers
Universities often petition for international faculty, researchers, and technical staff. These filings typically fall under the EB-1B or EB-2 NIW categories. Depending on qualifications, these petitions may avoid labor certification.
Applicants must provide proof of credentials, publications, letters of reference, and more. These applications are heavily evidence-based and must be organized to meet USCIS expectations. Our firm’s immigration services include support for compiling academic credentials and reference documentation.
Academic staff often switch between nonimmigrant statuses like J-1 or H-1B before seeking residency. Legal support ensures continuity in status during this transition.
Family-Based Petitions and the Impact of Timing
Green Cards through family are available to spouses, children, parents, and siblings of U.S. citizens or lawful permanent residents. Eligibility depends on age, marital status, and family relationship. In some cases, children approaching age 21 may still qualify due to protections under the Child Status Protection Act.
Accurate submission of I-130 petitions and birth and marriage certificates is key. Visa wait times vary by category and country of origin. A permanent resident attorney can clarify timelines and prepare documentation to keep applications moving.
Family changes, such as marriage or divorce, can affect eligibility mid-process. Legal oversight helps preserve continuity in cases where the applicant’s status or the petitioner’s role changes.
Frequently Asked Questions
- What is the difference between adjustment of status and consular processing?
Adjustment of status is for applicants already in the U.S.; consular processing applies to those applying from abroad.
- Can my children apply with me?
Yes. Depending on your category and timing, minor children may be eligible as derivative applicants.
- What is a priority date?
A priority date establishes your place in the visa queue. Visa availability depends on this date and your category.
- Do I need a sponsor?
Most applicants require a family member or employer sponsor, though some can self-petition.
- Can I travel while my Green Card is pending?
Not without advance parole. Traveling without it can result in denial.
- What happens if USCIS denies my application?
You may be able to file a motion to reopen or appeal, depending on the reason for denial.