Living in the United States as a citizen is the dream of many worldwide, but obtaining United States citizenship status is certainly not an easy task. One of the many questions that applicants often ask is whether they can apply for a green card and continue to live in the U.S. with certain family members or under other circumstances.
At Elliott Immigration Law in Atlanta, GA, our knowledgeable immigration attorney will guide you through obtaining an employment-based green card or whatever type of green card is appropriate for your situation. Our goal is to assist individuals who want to live in the United States in realizing their dreams and understanding how the U.S. Citizenship and Immigration Services (USCIS) works.
Do I Need to Leave the United States While Waiting to Become a Green Card Holder?
This is a difficult question because various factors may influence your ability to obtain an immigrant visa and a green card. Our immigration lawyer will work hard to help you through the process of becoming a lawful permanent resident, whether sponsored by a family member or based on your employment.
One of the first questions is whether you are eligible for an immigrant visa or green card. Fewer applicants apply for a green card each year than the number of visas available. Individuals must fall into specific categories to become green card holders.
Preference Categories with Citizenship and Immigration Services (USCIS)
If your application falls into one of the categories where a green card will be issued immediately, you may be able to proceed to the “adjustment of status” procedure.
Related to a U.S. Citizen
Individuals who are the spouse, parents, or unmarried child (under 21) of a United States citizen may be eligible for an immediate visa. It must only be near family, not just a family member.
Asylum Status Application
Refugees can apply for green cards while they are still in the United States and, if granted, will be able to adjust their status without leaving.
Adjustment of Status
You must not only meet the requirements for a green card, but you must also have a “priority date.” This date represents a spot on the waiting list. You can proceed to the status application adjustment once you have determined your eligibility and priority date.
If you can adjust your status, you can remain in the United States and await your green card once your application has been submitted to USCIS and the U.S. government has acknowledged receipt. Many factors must be considered to be eligible, and only an experienced immigration lawyer can ensure that you are on the right track.
What If No Priority Date Is Available through the Official Government Organization?
Other circumstances, such as applying through family members or your employer, classify you as a “preference” beneficiary. If enough visas are available that year, this category only grants you a visa. Because these visas have annual limits, the wait time can be very long.
If your petitioner has begun the green card application process on your behalf, you will be given a priority date once the petition is approved. Unfortunately, it is illegal to remain in the United States while your priority date is out of date. The U.S. government only allows you to enter the country if your current priority date.
Although waiting outside the country for the priority date to become current may appear complicated, staying in the U.S. illegally may result in your green card application being denied. You may also be unable to apply for residency due to this problem.
Contact Our Experienced Immigration Law Firm in Atlanta, GA
If you are an individual hoping to apply for and obtain a green card to remain in the United States legally, the process will be difficult. Having an immigration attorney on your side can make all the difference when navigating a complicated process.
Elliott Immigration Law in Atlanta, GA, strives to provide the best immigration services and information about the green card lottery, applications, documents required, deadlines, and much more. Contact our immigration law experts at (404) 890-0372 to schedule an appointment.
