Whether you are looking to purchase real estate, launch a career in the arts, or work in the business consulting sector, New York is a state full of possibilities. Non-citizens can gain meaningful documentation to live and work in New York by obtaining a green card. While the process for getting a green card is complex and can be overwhelming, a dedicated New York green card attorney can help ease the process to achieve positive outcomes.
If you are interested in moving to New York long-term, then you will need to get a green card so that you can become a lawful permanent resident. Green card holders also have the opportunity to pursue citizenship later. To work toward getting a green card, it’s important to be familiar with the general process that is required to get one.
How to Get a New York Green Card: Step-by-Step
Depending on the preferable route for pursuing a green card, such as whether the pathway is family-based or employment-based, the process of getting a green card will vary, as will the processing times. However, the typical green card application process in 2024 will include the following steps:
Evaluate your eligibility. You will first need to consider whether you have close relatives in the United States and what your education, background, skills, and other important characteristics and history are. This will allow you to find out which green card could be optimal for your case. By doing this, you can determine which green card types you may be eligible for.
Choose your visa. Based on your eligibility, current wait times, process complexity, projected costs, and immigration-related goals, you should decide to pursue the green card type that most optimally fits your situation, such as an EB1 or EB5 visa.
Gather key documents. You will need to fill out relevant applications, depending on the type of immigration visa you are applying for. In many cases, you will need to have a sponsor, such as a family member or company, submit an application on your behalf.
Get a visa number. If the petition submitted on your behalf is approved by the United States Citizenship and Immigration Services, then your application is forwarded to the National Visa Center, and you will need to wait until a visa becomes available. For first-priority family-based visas, there is no limit on available visas.
File for adjustment of status. If you are located in the United States, then you can file a Form I-485 to adjust your status to become a lawful permanent resident. If you are located outside the country, then you will have to go through further application processing at your local consulate.
Attend a USCIS appointment. You will be interviewed in person by the USCIS so they can determine whether you are eligible to receive permanent lawful resident status. Beforehand, you will be required to attend a biometric appointment to get your fingerprints taken.
Wait for your decision. After your appointment, you will need to wait for your application to be further processed. If the USCIS approves your application, then you will be able to get your green card.
If the USCIS does not approve your application, an immigration lawyer may be able to help you appeal the decision. It’s important that you remember to keep copies of all the documents that you submit. This allows you to keep a paper trail of your application, so make sure that no information gets lost.
By working with an experienced and knowledgeable immigration lawyer throughout the green card application process, you can be sure that you can meet all the requirements for your desired pathway. They can also ensure that your application is thoroughly filled out, with supporting evidence, and submitted on time. They can also communicate with the USCIS and other relevant agencies on your behalf throughout the process to help things go smoothly.
FAQs
How Can I Get a New York Green Card?
To get a New York green card, you will need to come to the United States with an immigration visa. Immigration visas are typically family-based or employment-based. After arriving in the United States, you can apply for an adjustment of status to obtain lawful permanent resident status.
How Often Do I Have to Renew My Green Card?
You will typically have to renew your green card every 10 years, except in some cases, such as conditional marriage green cards. The renewal process is fairly straightforward, although failing to do so on time can cost individuals their permanent resident status. Having a criminal record may result in the rejection of a green card renewal application, depending on the nature and severity of the crime.
Can I Apply for a Green Card Myself?
Yes, it is possible to apply for a green card by yourself in the case of some employment-based green cards, in which the petitioner would be yourself. Such examples include:
- The EB1A visa, in which you must demonstrate that you have extraordinary abilities in certain areas
- The national interest waiver visa
- Protection under the Violence Against Women Act
- The EB5 investor visa
How Long Does Processing for a New York Green Card Take?
The processing time for a green card to travel to live and work in New York will depend on your category of prioritization. As a general rule, you can expect to wait anywhere from six months to up to 10 years in some rare cases. A knowledgeable New York immigration attorney can review your case and take into account the current wait times to give you a more accurate estimate of what your wait times might be.
Let a New York Green Card Attorney Start Your New Adventure
Working and living in New York is a wonderful way to take advantage of new opportunities. Fortunately, there are many credible ways to pursue lawful permanent residency in the U.S., ranging from marriage-based green cards to self-petitioned employment visas.
At the Law Offices of Robert Tsigler, PLLC, our skilled immigration legal team has been helping non-citizens build their dreams in New York through creative legal immigration pathways. Get started with pursuing your NY green card today by contacting an attorney from our firm.