Green Cards
A green card holder, aka legal permanent resident, is a foreign national who has made their home in the United States. There are two primary ways to obtain a green card – adjustment of status and consulate processing. Both processes involve multiple steps and require either a qualifying relationship or experience.
How To Apply?
There are two ways a foreign national can apply for a green card: in the United States or in their home country. When you apply for a green card in the United States it is called adjustment of status. When you apply for a green card in your home country it is called consulate processing. Both processes have unique steps; but, in either process immigration is making two important determinations.
Are you eligible for a green card and are you “admissible” to the United States? Admissibility refers to prohibited “actions.” There are certain “actions” that make a foreign national ineligible for a green card. For instance, overstaying a visa could make a foreign national inadmissible. Entering the United States without inspection (aka illegal entry) makes a foreign national inadmissible. Certain criminal convictions make a foreign national inadmissible as well. Please see our Waivers section for a more detailed discussion on inadmissibility.
Who is Eligible for a Green Card?
There are many ways to obtain a green card in the United States. Below, are a few of the common ways.
Immediate Relative
Family Based
- F1 – Unmarried children (21 years and older) of U.S. citizens
- F2A – Wife/husband or son/daughter (21 or younger) of a green card holder
- F2B – Unmarred children (21 or older) of a green card holder
- F3 – Married children of U.S. Citizen
- F4 – Siblings of U.S. Citizen who is 21 or older
Employment Based
Another way to obtain a green card is through a petitioning employer or a foreigner work experience. When a business sponsors its employee’s green card it is a multi-step process. The business must file for a permanent labor certification showing a lack of qualified domestic applicants for the positions. There are five categories of employment based green cards
- EB-1: To qualify for an EB-1 you must be a foreign national with “extraordinary ability”; or a professor/researcher with outstanding success; or, in some instances, managers or executives.
- EB-2: This category requires the foreign national to have an advanced degree or exceptional ability (aka National Interest Waiver)
- EB-3: This is for skilled works, professional or other workers.
- EB-4: Special immigrants are eligible for EB-4 visas. The following groups of people qualify as special immigrants: members of religious organizations; special immigrant juveniles; broadcasters; membership in certain ngo’s like NATO; membership in the U.S. army; Doctors; afghan or Iraqi who worked with the US.
- EB-5: The investor visa. This allows for foreign nationals to obtain a green card through investment into the United States in a new commercial enterprise. The goal is for the enterprise to benefit the economy of the United States.
If you believe you are eligible for a Green Card call Bercovitch Law Offices today to schedule a consultation. We will guide you through the process; create clear benchmarks and fight for your case’s approval. Call now.
“The entire team at Bercovitch Law was indispensable in making sure my case had a strong foundation and achieved success.”
– D. Savage
David Bercovitch
Owner
David M. Bercovitch is a Philadelphia personal injury lawyer focusing on premises liability, motor vehicle accidents, construction accidents, dog bites, wrongful death and other personal injury claims. Mr. Bercovitch has successfully represented thousands (1,000) of accident victims. Collectively, Mr. Bercovitch has recovered millions of dollars for clients.
