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Ms. Kathryn (Katie) Cecil is a current member of AILA of the NC and WA chapters and is licensed in Washington State. Her practice is limited to federal immigration law. Ms. Cecil joined Edgerton Immigration Law in January 2020, and prior to that, was an immigration attorney at Peng & Weber, PLLC. She primarily assists clients on employment-based matters as well as achievement-based immigration.
Kathryn Cecil is licensed to provide immigration services throughout the US. You can find more information here.
If you are considering a permanent move to the United States, it is critical to be as prepared as possible for the steps ahead. Applying for a “green card” may take several months to prepare for submission, and government processing times will vary depending on your eligibility pathway.
This post provides an easy guide to understanding this immigration process, as well as why immigration processes take time to complete. Equipped with this knowledge, you will be better prepared for the experience that lies ahead.
Seek Advice from an Experienced U.S. Immigration Attorney and Research Your Options
Believing that one person’s immigrant journey will take the same amount of time as others’ immigration journeys is a common misconception. For example, you will often hear, “My friend/brother/cousin applied, and 6 months later already had his green card/visa.” Each situation is unique. What occurred in another person’s case is extremely unlikely to happen the same way for a different applicant. Setting realistic expectations from the outset will alleviate disappointment and frustration.
US Citizenship & Immigration Services (USCIS) must approve your application for Lawful Permanent Resident (LPR) status so you can live and work in the US legally. Once USCIS approves your application, you will receive an LPR card, also referred to as the “green card.” Green cards are usually valid for 10 years. Green card holders, or “LPRs” also have other rights and privileges.
Getting approved by USCIS for a family-based or employment-based green card is not as simple as merely filing an application. Understanding the immigration process will demonstrate the advantages of preparing your documentation well in advance of your application.
There are various paths to a green card. An immigration attorney will help you narrow down your eligible pathways to choose the option with the highest chance of success. The most common paths to a green card are family-based petitions and employment-based petitions. The US Diversity Visa, also known as the green card lottery, is another path to a green card.
Green cards are also available for certain special immigrant categories, including religious workers, international broadcasters, Afghanistan or Iraq nationals who were translators or employees of the US government, special immigrant juveniles, or retired officers or employees of eligible international organizations or NATO. See this USCIS article for an overview of green card categories.
Depending on your circumstances, you may be eligible to adjust your status within the US by filing an I-485 application, also known as “applying for a green card”. Other situations may require you to attend an interview at a US consulate located in the country in which you reside. If your case is approved, either of these two paths will result in a green card.
The US government and its branches collect certain vital records specific to your case. If a document is not originally in English, you must get a certified English translation for that foreign-language document. It is important to remember that the foreign language document must be translated in full and contain or have attached a certification from the translator that the English translation is complete and accurate and that the translator is competent, or fluent in both languages, to translate the foreign language document into English. Incorrect or incomplete translations may delay visa approvals or even lead to visa denials. The accuracy, as well as the formatting of an English translation, is critical.
Certified Translation Services?
If your English translation looks messy, unorganized, or hastily done, this could lead to questions from the government. Potential documents that you may need translated into English include birth certificates, marriage certificates, divorce certificates, police records, court records, bank records, academic transcripts, awards, and affidavits or letters, etc. The Department of State provides guidance and information on civil documents available for each country (starting with Afghanistan all the way through to Zimbabwe): . From this website, select a country and scroll down to see the kinds of available and accepted civil documents for your particular country. It is helpful to begin collecting these kinds of documents at the very beginning of your case or even prior to discussing your case with an immigration attorney.
Example Process for a Family-Based Green Card Application
First, your sponsor must file a petition with US Citizenship & Immigration Services (USCIS). USCIS processes and decides on green card applications. Processing times vary dramatically depending on each specific situation and the desired benefit.
Beneficiaries of approved immigrant petitions who are physically present in the US and who have maintained lawful immigration status may be eligible to file the I-485 application within the US.
If a beneficiary resides outside of the US, USCIS sends the approved petition to the US State Department. The National Visa Center (NVC), a branch of the US State Department, governs the collection and inspection of all required documents.
Once NVC is satisfied with your documents, they will send your case to the Consular Office in the country where you reside. You must attend an interview at the US consulate. The US Consulate in your home country will schedule your immigrant visa interview and determine your eligibility for a specific immigrant visa category. The Consular officer conducting the interview may hold your case for “administrative processing.” This might mean they will not approve your visa until they have received different documents and their certified translations. If approved, you will apply for admission to the United States with your immigrant visa and related documentation.
The US Customs and Border Patrol (CBP) has the authority to inspect and admit all immigrants. Whether you arrive by plane, car, or boat, you must present your passport containing the new visa to a CBP agent. Once the agent clears your entry, you will have arrived in the US as a landed immigrant. USCIS will then mail your green card to you at your designated US address.
By planning ahead and thinking about the kinds of records and translations you may need for your immigration case, you should have a smoother experience on your way to a green card.
