Port St. Lucie

Green Card Lawyer

Lawful Permanent Resident status can be difficult to obtain in the U.S. immigration system, and yet, it’s an extremely important step for many immigrants in their journey to a new home.

A “green card” is a physical card that identifies you as a lawful permanent resident in the U.S., but not as a U.S. citizen. If you already have an approved immigrant petition, and you meet the qualifications, you can apply for a green card. If your application is accepted, you essentially have lifetime legal status in the country, subject to certain exceptions.

At the Law Office of Olivia C. Cummings, we work hard to help our clients get their green cards as quickly and efficiently as possible so they can officially begin their new life in the U.S.

Lawful Permanent Resident status can be difficult to obtain in the U.S. immigration system, and yet, it’s an extremely important step for many immigrants in their journey to a new home.

A “green card” is a physical card that identifies you as a lawful permanent resident in the U.S., but not as a U.S. citizen. If you already have an approved immigrant petition, and you meet the qualifications, you can apply for a green card. If your application is accepted, you essentially have lifetime legal status in the country, subject to certain exceptions.

At the Law Office of Olivia C. Cummings, we work hard to help our clients get their green cards as quickly and efficiently as possible so they can officially begin their new life in the U.S.

Green Card Eligibility

Depending on your circumstances, there are certain categories under which you can apply for a green card:

Family and marriage-based:

You may be eligible for a green card if you have a family member, such as a spouse, sibling, parent, or child, who is a U.S. citizen or permanent resident (green card holder).

Employment-based:

If your profession falls under one of the special categories, you may be eligible for an employment-based green card. In most cases, you may require a U.S.-based employer to sponsor your application.

Humanitarian:

Refugees, asylum seekers, and people immigrating under other special circumstances may be eligible for a green card.

Green card lottery:

The Diversity Lottery Program creates 55,000 immigrant visas every year for people immigrating from a country with low rates of immigration to the US.

Investment-based:

Foreign nationals with significant capital to invest may obtain permanent residency in the United States through the immigrant investor program.

It’s important to note that LGBTQ+ immigrants have more rights than ever before. Same-sex and LGBTQ+ couples, as well as their children, qualify for family-based applications, and people seeking asylum from persecution or violence on the basis of sexual orientation or identity can apply for green cards as well.

Additionally, victims of domestic violence may be eligible for immigration status under the Violence Against Women Act (VAWA). Victims of battery or extreme cruelty committed by a spouse (or former spouse), parent, or child who is a U.S. citizen, or spouse (or former spouse) or parent who is a Lawful Permanent Resident may file a VAWA self-petition without the abusive family member’s knowledge or consent.

Applying for a Green Card with Olivia C. Cummings

The process of applying for a green card varies based on which category your application falls under. The process will be different depending on whether you currently live in the U.S., or whether you’re applying through the U.S. consulate in your home country.

That being said, you don’t have to stress over figuring out the entire system by yourself.

Olivia C. Cummings is here to help you with every step of the process:

Step 1

Collect any documents or pieces of evidence we need to support your case, such as evidence of your qualifying familial relationship or approved labor certification

Step 2

File all forms and submit necessary documents with the U.S. Citizenship and Immigration Services (USCIS)

Step 3

Preparing for an interview with immigration officials, if necessary

Step 4

Prepare you for your next step in the future

With an experienced immigration attorney on your side, you will be fully prepared to meet any challenges that come your way on your journey to lawful permanent residence in the U.S.

Adjustment of Status

If you’re lawfully present in the United States, and you want to apply for a green card, or a different visa type, you might be eligible to apply for an adjustment of status. You can apply for this adjustment with United States Citizenship & Immigration Services (USCIS) while remaining in the United States.

With the help of an experienced immigration attorney, an adjustment of status can save you time, money, and legal trouble.

In most cases, you need to have lawful immigration status in order to apply for an adjustment of status, as well as the following other requirements:

  • You’re eligible for the green card or visa you’re applying for
  • You’re physically present in the United States (with lawful immigration status)
  • Your priority date is current if you’re in a “preference category” for a green card
  • If you have a K-1 visa (fiance visa), you’ve married your spouse since getting the visa
  • If you were granted asylum or refugee status, you’ve been in the U.S. for one year

If you’ve consulted with an attorney, and you meet all the eligibility requirements, you can begin to file for an adjustment of status.

Here’s what the process looks like:

1

File a qualifying immigrant petition

2

Check for visa availability

3

File Form I-485, Application to Register Permanent Residence or Adjust Status

4

Attend a biometrics services appointment, where you will have your fingerprints and photograph taken

5

Attend an interview with USCIS
6

If you’re approved, then you receive your green card after the interview

A typical adjustment of status can take anywhere between 8 to 14 months. But with the advice of an experienced Port St. Lucie immigration attorney, we will work to make sure that this months-long process goes as smoothly as possible.

Case Study

CASE TYPE:

Nunc Pro-Tunc for late-filed Form I-751 (due to parent's negligence)

CLIENT:

7-year old Jamaican national. His father married a U.S. Citizen and received a 2-year conditional green card through the marriage. As the step-child of a U.S. Citizen, the client also received a 2-year conditional green card. However, after some time the client’s father divorced his U.S. Citizen spouse. The client’s father submitted an application to remove the conditions of his green card but forgot to do the same for my client. As a result, the father received a 10-year green card, but my client (his son) did not. The client was then present in the U.S. without any lawful status and the time had long passed for him to submit his Removal of Conditions application.

GOAL:

USCIS acceptance of late-filed Form I-751 to receive 10-year Green Card

RESULTS:

The father and child came to me and wanted guidance. I advised the father that his son could possibly submit the application by requesting nunc pro-tunc, which is a discretionary remedy by which the U.S. Citizenship and Immigration Services (USCIS) may approve a late-filed request to change or extend status, based on facts and extenuating circumstances presented. When prepping the client’s application, we made a claim that the late filing occurred as a result of extraordinary circumstances beyond the control of the client given his age. Typically, a late-filed petition would be rejected and returned back to the applicant after submission. However, when I submitted the client’s application with a legal brief requesting the relief, USCIS accepted the petition for review and adjudication.

I can't stress enough how helpful Olivia was with my green card process. Not only did she help my husband and I with all the documents needed, but she was always answering my questions, guiding us, and always so responsive. I definitely recommend Olivia as your attorney if you want a smooth and positive process.

~ Agetina Z.

Contact Olivia C. Cummings Today

At the Law Office of Olivia C. Cummings, we understand how important it is to obtain lawful permanent residency.Whether you’re adjusting your status to remain in the US, or immigrating from another country by consular processing to be closer to family, we will work day and night to get you your green card.

Contact us today to talk about your case.

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