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How To File for Permanent Residency in the U.S. (Green Card)

The permanent residency card (Green Card) is issued by the U.S. Department of Homeland Security (DHS).  Once received, it allows the holder to permanently reside and work in the United States, except for circumstances which will revoke the card, like committing a crime.  For most immigrants this is a significant step towards becoming a citizen.  A permanent resident may apply for citizenship after 5 years, or 3 years if married to a U.S. citizen.

STEP 1 - Determine Your Eligibility
Several factors determine how a person may apply for permanent residency.
If you are in the U.S. you may apply through any DHS office.  If you are in a foreign country you must apply through an American Embassy or Consulate.  A person may apply for entry into the U.S. through several different ways.  Besides applying for normal immigrant status, a foreign national may also apply as a refugee, for asylum or through the Diversity Lottery.  Because each status confers different legal rights and responsibilities an experienced immigration attorney should be contacted.

STEP 2 – Submit all required forms.
All applicants for permanent residency must file the appropriate application and mandatory supporting forms.  These are:
Form I-485 Application to Register Permanent Residence
Form G-325A Biographical Data
Form I-693 Medical Examination
Form I-864 Affidavit of Support (must be filled out by your Sponsor)
Form I-765 Authorization for Employment (if you are going to seek employment during the processing time)

STEP 3 – Determine If You Are Required to File Other Forms Based on Your Specific Situation
Depending on whom your entry sponsor is, or if you are from a specific country which has preferential entry qualifications you may need to submit other forms to acquire permanent residency.  An immigration attorney can help you determine which forms you are required to submit.

STEP 4 – Pay the Application Filing Fee.
Except for certain exceptions based on age all applicants must pay $930 plus a biometrics testing fee of $80 which includes fingerprinting and other biological testing.  Those who apply while illegally in the U.S. may be subject to an additional $1000 penalty.  You should contact an attorney if you think you may have to pay the penalty.

STEP 5 – Appeal
If your application has been denied you may file Form I-292 to appeal.  Immigration appeals are initially heard by Administrative Law Judges and not in federal District Court.  If you were not represented in your initial application you should immediately contact an experienced immigration attorney if you plan to appeal a denial.  Along with the mandatory form an attorney will know what other steps will be beneficial for your appeal.

Because there are multiple forms required to be submitted and multiple options available to attain legal status if you are planning on applying for permanent residency you may want to contact an attorney.  An experienced immigration attorney may be able to help you submit your application quicker and is better prepared to help navigate through any problems you may have, including appeals.

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