Legal Library / Frequently Asked Questions

1. WHAT ARE THE DIFFERENT WAYS AN IMMIGRANT CAN OBTAIN A GREEN CARD?
   There are several ways in which an immigrant can obtain a green card: (1) Asylum (2) Green Card Lottery (3) Through Relatives of United States Residents or Citizen (4) Through Employment (5) Amnesty.
   
   
2. HOW DIFFICULT IS IT TO OBTAIN A GREEN CARD THROUGH ASYLUM, GREEN CARD LOTTERY AND AMNESTY?
   The chances are very slim to obtain a visa under any of these three categories. In fact, the success rate for a green card through asylum is roughly 3 to 5 percent. Please be advised that the success rate for asylum is so low primarily because there are so many immigrants who file an illegitimate application and are rejected. The likelihood of success on a legitimate asylum claim is much better. As for the Lottery and Amnesty, these do result in green cards but the chances again are remote.
   
   
3. HOW QUICKLY CAN I OBTAIN A GREEN CARD IF I AM AN IMMEDIATE FAMILY RELATIVE OF A LEGAL PERMANENT RESIDENT OR A UNITED STATES CITIZEN?
   The United States places a high priority of family unity, and the ability for families to be together. As a result, if there is a visa available or current, then you may obtain a green card the moment your immigrant paperwork has been completed. The INS website provides information as to which family petitions are current. The factors that determine the waiting period include the following: (1) Are you an immediate family relative? (2) Is your relative a United States Citizen or a Legal Permanent Resident? (3) Are you planning on immigrating your spouse and children? (4) Were you admitted into the United States legally?
   
   
4. HOW QUICKLY CAN I OBTAIN A GREEN CARD THROUGH EMPLOYMENT SPONSORSHIP?
   The employment green card takes roughly anywhere from 2 to 5 years to process. This green card is allowed to satisfy the needs of businesses in the United States. However, there are several steps that need to be taken with the Immigration and Naturalization Services as well as the Department of Labor.
   
   
5. HOW QUICKLY CAN I BEGIN TO WORK IF I AM ABLE TO FILE FOR A GREEN CARD BECAUSE I MEET ONE OF THE ABOVE MENTIONED QUALIFICATIONS?
   The employment authorization card, which is commonly known as the work permit, is available only to those immigrants who file a petition to obtain a green card while physically present in the United States. If you are physically present in the United States, then it usually takes anywhere from 4 to 8 weeks.
   
   
6. IF I AM ABLE TO MEET ONE OF THE ABOVE MENTIONED QUALIFICATIONS, CAN I STILL BE DISQUALIFIED FROM OBTAINING A GREEN CARD?
   Yes. It is important to note that in addition to having initially qualified to obtain a green card, the Immigration and Naturalization Services can still deny your claim if you have committed certain crimes. It is always important for immigrant to who have been arrested to discuss their matter with his or her attorney and to verify the consequences a guilty plea or no contest plea can have on one's immigration status.
   
   
7. IS IT POSSIBLE FOR THE IMMIGRATION AND NATURALIZATION SERVICES TO DEPORT OR REMOVE AN IMMIGRANT WHO HAS RECEIVED HIS OR HER GREEN CARD?
   Yes. Again, it is important to maintain a very clean record. If an immigrant has committed a crime of moral turpitude or an aggravated felony, then he or she may be subject to deportation. Granted, it is very possible to obtain a waiver and to withhold deportation proceedings if the equities presented to the immigration judge are adequate.
   
   
8. HOW CAN A IMMIGRANT WHO OBTAINS A GREEN CARD, PROTECT ONESELF FROM EVER BEING SUBJECT TO DEPORTATION FROM THE UNITED STATES?
   United States Citizens are not subject to deportation, only immigrants lawfully or unlawfully admitted, and legal permanent residents.
   
   
9. HOW DOES ONE QUALIFY TO BECOME A UNITED STATES CITIZEN?
   In order to qualify to becoming a United States Citizen, there are many considerations that must be satisfied that are too lengthy to list. However, the three most important are the following: (1) Status as a legal permanent resident (2) adequate residency in the United States and (3) good moral character.
   
   
10. HOW LONG DOES A LEGAL PERMANENT RESIDENT HAVE TO WAIT BEFORE PETITIONING TO BECOME A UNITED STATES CITIZEN?
    Well, it really depends on how the immigrant obtained status as a legal permanent resident. For example, if the immigrant became a legal permanent resident because he or she married a United States Citizen, then the waiting period is 3 years. However, if the immigrant obtained legal permanent residency because of an employment green card, then he or she must wait 5 years before he or she is eligible to file.