A green card is one of the most sought-after benefits from the United States Immigration and Citizenship Services (USCIS). Whether one is outside the United States and wishes to immigrate into the country as an immigrant or they are already in the country and wish to obtain a green card, the process can be frustrating and often daunting. At Joseph & Hall, we have experienced immigration attorneys who assist clients in the Colorado Springs area to successfully navigate the complex immigration system to obtain a green card.
Unless some limited exceptions apply, obtaining an employment-based green card requires the sponsoring employer to obtain a labor certification from the US Department of Labor (DOL). This certification verifies that the employer is unable to find qualified American workers to do the work and that the foreign worker will be paid prevailing wages. The date an employer files the labor certification application is set as the “priority date,” which is important in the final step of the green card process.
When the DOL approves the labor certification, the sponsoring employer will file a petition (Form I-140) with USCIS for the foreign worker to be considered for a green card. If a labor certification is not required, such as in a case where the foreign worker is self-petitioning or is someone with extraordinary abilities, the filing of the I-140 petition becomes the first step in the green card process. In either case, USCIS will adjudicate and decide on whether to approve the petition or not. There are specific requirements that must be satisfied before USCIS approves the petition, and a good immigration lawyer can help in making sure those requirements are met before filing the petition.
If the I-140 petition is approved, then depending on where the foreign worker is, they will either apply for adjustment of status or seek a green card at a US consulate nearest to them. If the foreign worker is already in the United States, they will apply for the green card through the adjustment of status process, which means they can apply and obtain the green card without living in the United States, if all other requirements are met. If the foreign worker is outside the United States, then they will apply for a green card at a US consulate near where they live.
Obtaining a family-based green card requires the US citizen or lawful permanent resident (green card holder) to file a petition for their qualifying relative, usually a spouse, child, or parent. Depending on individual circumstances, the petition can be filed together with the application for a green card if the priority date is current.
Whether one is applying for an employment or family-based green card, they cannot file the application for the green card unless their priority date is “current.” In the employment-based green card application context, this means they can only apply if their labor certification was filed on or before the date published on the Visa Bulletin.
If you are in the Colorado Springs area and wish to apply for a green card for yourself, for a family member, or for a foreign worker, contact us at Joseph & Hall and schedule an appointment to speak to one of our experienced immigration attorneys.
We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.
This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …
This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.
This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.
Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.
We assist entrepreneurs, business owners and investors with corporate immigration needs. We understand the urgency of these issues and work to solve the matter efficiently.
We provide a range of family immigration services to help you determine whether you qualify for citizenship.
Deportation can split your family apart and make the future uncertain. Build a solid legal defense alongside our immigration attorneys.
Get in touch with us. Write us a message.