What To Do While Waiting For A Green Card Approval
You may be petitioning to get your permanent resident status. Just like any immigrant, your stay in the country is important. There’s no denying that you’re willing to go through the legal processes. Fortunately, here’s a guide to help you with your petition.
Can You Stay In The United States While Petition Is Ongoing?
Can you stay in the United States while waiting for a petition? The answer depends on your circumstances.
For example, a family member may petition on your behalf. Generally, the petition does not guarantee your stay in the country, so you must fly back while waiting. You must also attend an interview back home at your local consulate in the next phase.
Those applying for a Green Card through marriage will still need to exit. They can apply through a K1 Fiance Visa from there. Once the K1 Visa is approved, you have 90 days to get married.
However, you can stay in the United States while you wait through an adjustment of status. You must meet the eligibility criteria, submit forms and documents, and go through the application process. During this time, you may be able to obtain work authorization and travel documents.
The Interview Process
Getting an in-person interview at a consulate means you’re at the final stage of the visa process. Once you reach this phase, there’s a high chance of getting a Green Card.
Eligibility Requirements
Before submitting a petition request, it’s critical to ensure that you clearly understand your eligibility requirements. Only your parents, siblings over 18, or a long-term partner such as a fiance or spouse who is a U.S. citizen can sponsor a family-based petition on your behalf.
If a family-based request fails, then you do have other options. For instance, if you get a permanent job offer from a U.S.-based employer, they can file a petition for you. You must also have the right educational background and work experience to fill an open job position. Take note that your potential employer should be able to provide sustainable wages in the foreseeable future.
Alternatively, you may want to apply as an investor. To do so, you must invest at least $800,000 to qualify and get a Green Card through this option.
Supplementary Evidence
You may be asked to provide additional information to support your case. For example, in a spouse-sponsored visa, you may have to submit extra proof that your marriage is genuine. This means that you’re not marrying for immigration purposes. Additional evidence can come in the form of letters of reference from friends and family, photographs, and the like.
If you are asked to provide them, seek help from an immigration attorney. They can advise you and ensure the evidence you submit are correct and complete.
Getting Started
Once you’re ready to submit your petition, you must figure out where to send it. You may do it directly to the USCIS through their online portal, or another person can do it for you. For example, if you apply for an employer-based Green Card, your employer must submit your visa petition for you.
Get Help From An Immigration Attorney
Petitioning for a Green Card can be a lengthy process. An immigration lawyer can help with the process of getting your permanent resident status. Lincoln-Goldfinch Law assists with immigration concerns. Whether you’re petitioning as a spouse, family member, or employee, the firm will cater to your needs.
Summary
A family member, spouse, or employer may petition for your Green Card. However, you should be outside the United States while waiting for results. Also, you need to be eligible to obtain one. You also need evidence to prove that your reasons are genuine. To get a better chance at favorable results, be sure to consult with an immigration attorney.
