San Diego Green Card Lawyer
Obtaining Permanent Residence through Adjustment of Status
A visa can grant you temporary residence in the United States but in order to obtain permanent residence, you will need to apply for a green card. At Rodriguez Law Firm, our knowledgeable immigration lawyer in San Diego can guide you through the green card application process. The laws surrounding immigration are complex, and a mistake could jeopardize your ability to stay in the country with your family. We thoroughly review every client’s case to ensure no details are overlooked when applying for your green card.
Types of Green Cards
There are different types of green cards and avenues of eligibility to obtain one. The most common categories of green cards are family-based (for your spouse, relatives, or children) and employment-based green cards. In order to ensure you are applying for the right type of green card, it is important that you are educated on your options. Each category may receive a certain amount of visas each year, depending on what the U.S. government deems necessary.
The most common categories for green cards include:
- Asylum and refugee status
- Preferred workers and employees
- Family members of U.S. citizens
- Immediate relatives of U.S. citizens
There may be additional ways that you can obtain a green card and become a permanent resident. We can sit down with you during your initial consultation and explore your options with you, such as green cards that are available for diplomats, members of the Armed Forces, and victims of domestic violence.
Adjustment of Status
If you have a U.S. citizen spouse, child, or parent you may be eligible for an adjustment of status in the United States from non-immigrant to permanent resident immigrant. A spouse petitioning you is one of the ways to starting the immigration process. Same-sex married couples are entitled to the same immigration benefits as heterosexual couples. This includes the ability to petition your spouse or your fiancé. U.S. citizens or permanent residents are allowed to petition their foreign spouse and bring them to the United States.
The process starts when your spouse or other qualifying relative files the petition -- the I-130 Petition for Alien Relative application or any of these other petitions depending on the situation:
- Form I-140, Immigrant Petition for Alien Worker
- Form I-730, Refugee/Asylee Relative Petition
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-526, Immigrant Petition by Alien Entrepreneur
- Form I-918, Petition of U Nonimmigrant Status
If the person being petitioned entered the U.S. legally, they can also file the I-485 Application to Register Permanent Residence or Adjust Status. In some circumstances, you may be required to have an approved immigrant petition before filing the I-485, however, if you are able to do it while the petition is pending, this is called “concurrent filing. Be aware that I-485 cannot be filed until a visa is available in your category. Visit the Department of State Website and view the Visa Bulletin to know what is available.
Once USCIS receives the applications, you will be mailed details about your biometrics appointment. If you cannot make it, simply reschedule. If you miss the appointment your I-485 may be denied by USCIS. At some point, you and your spouse will be given an appointment for an interview with a USCIS officer. If all goes well, you will be sent an approval letter and soon thereafter get your green card.
For more information about green cards and adjustment of status, call (619) 332-1703 to schedule a free consultation with our knowledgeable immigration lawyer in San Diego.
I could not have received a better outcome in my case!- S. K.
This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.- Kristen S.
They answered all my questions!- Chen D.
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