Green Card Approval

A green card is a permanent resident card memorializing the fact that an immigrant to the United States has been granted the right to permanently live and work in the United States. It can be a long and arduous road to getting a green card. The immigration attorneys at Nachman, Phulwani, Zimovcak Law Group, P.C. know just how difficult the process for obtaining a green card can be, especially for someone not familiar with U.S. immigration laws. That is why our experienced immigration and nationality attorneys take such great pride in helping our clients both in New Jersey and across the nation in their journey to obtaining legal permanent residency.

What is the Green Card Approval Process?

There are a number of ways you can receive a green card. You may have an employer or a family member who is a U.S. citizen who may be able to file a petition on your behalf. You may be seeking asylum and need to start the green card process on your own. Every way to a green card will have a specific procedure to follow and require different information and documentation. For instance, some employers will need to file a labor certification (“PERM”). This certification means that the employer is attesting to the fact that an advertising and recruitment process was conducted for the green card applicant’s job. The employer attempted to find a U.S. worker who was qualified, willing, and able to take the job, but could not do so. The employer must submit the labor certification on Form ETA 9089 to the U.S. Department of Labor.

While there are certain steps for some green card paths that are not required of others, there are some key steps that are similar for all green card applicants. For instance, an initial Visa Petition needs to be filed. This petition will be filed by you, your employer, or your relative depending upon how you are trying to obtain your green card. After submitting this initial petition, there will be a waiting period. You will likely be waiting several weeks for a response. In many cases, the U.S. Citizenship and Immigration Services (USCIS) has an extensive backlog of pending applications. If you are petitioning for a Visa as a refugee or someone seeking asylum, you can expect a shorter wait time as these applications are generally (but not always) prioritized.

In some instances, you will need to wait until a visa is available. Certain categories of visa applicants have limits on the amount of visas that are granted annually. If the limit has been reached, you will be put on a wait list according to your “priority date.” This is often referred to as being subject to a “priority date backlog”. The priority date is the date your visa petition was received by USCIS. The State Department will list priority dates that become available to receive a visa on the Visa Bulletin.

After your visa is granted, you can then apply for a green card. Again, expect to wait weeks or months before you have a response to this initial application. You will then be scheduled for an interview. In most cases, you will either be approved or denied a green card at the interview. If you need to submit more information or if background, security checks, have yet to be completed, then you will not receive a decision on the green card application at your interview.

Immigration Attorneys Working for you On Your Path to U.S. Permanent Residency

A green card may take time to obtain, but it can be well worth the legal hurdles you will need to overcome. At Nachman, Phulwani, Zimovcak Law Group, P.C., our trusted immigration and nationality lawyers and attorneys are here to walk you through the entire green card process. We will