How to Get A Green Card In California
Want to know how to get a green card in California? Learn more about eligibility, the application process, and more.
There are several ways to get a green card.
Today, we’re taking a closer look at how to get a green card in California so you can take your first step toward permanent resident status.
There are a few things you need to understand, including the difference in eligibility categories, the application process, and the benefits of speaking with an experienced immigration law attorney.
In addition, it’s important for you to understand that immigration law is federal, which means the requirements to obtain a green card are the same across the country, regardless if you’re in California or another state.
Let’s get started …
What Is A Green Card?
A green card is an identification card that lists your personal information and immigration status.
It’s a record that you’re in the United States legally as a Permanent Resident. Under federal law, you’re required to carry it with you at all times or face up to 30 days of jail time and fines of up to $100.
Permanent Resident status is a stepping stone on the way to full citizenship but doesn’t bring all the rights of full citizenship. For example, green card holders usually can’t vote, hold public office, or work for the government. Permanent residents can’t automatically sponsor family members for citizenship, either.
They must pay U.S. taxes on their earnings and register for the draft.
After 5 years of permanent residence, you can apply for full citizenship. If you’re married to a citizen, you can apply for full citizenship after just 3 years with a green card.
How to Get A Green Card In California
There are several ways to get a green card in California, each with its own eligibility requirements.
A green card lawyer will help you identify the best eligibility category for your situation and help you file your petition or application with the United States Citizenship and Immigration Services (USCIS) by mail.
Some of the most common green card eligibility categories include the following:
- Green card through family
- Green card through employment
- Green card as a special immigrant
- Green card through refugee and asylee status
- Green card for human trafficking and crime victims
- Green card for victims of abuse
- Green card through registry
Once you decide on the best path to obtaining a green card for your situation, it’s important you follow the instructions carefully.
An experienced green card lawyer will evaluate your situation and help you select the best path for your application. A green card lawyer will walk you through the process and help you understand how the application process works, including how many green card slots are available per year and how they’re arranged according to preference. This will determine how long you may have to wait before being approved for a green card.
After you file your application, you will probably be required to visit one of the USCIS Field Offices in California for an in-person interview as part of your application.
Green Card through Family
A close family member with U.S. citizenship can sponsor you for a green card.
U.S. citizens can sponsor their children, spouses, and siblings. Citizens over the age of 21 can sponsor their parents. In addition, Permanent Residents can sponsor their minor children, unmarried children, and spouses.
There are a certain number of slots available for each of these categories, with preference going to spouses, single children under the age of 21, and the parents of U.S. citizens over the age of 21. Married children and the parents of children under the age of 21 do not have preference over others and may have to wait for years to get a green card.
Green Card through Employment
An employer or prospective employer may be able to sponsor you for Permanent Resident status. In general, these slots are reserved for highly-educated workers with exceptional skills who will take on positions that can’t be filled by a U.S. citizen. For example, talented researchers and professors can get green cards in order to take specialized research positions or tenure-track teaching positions.
You may also be able to get a green card if you’re a skilled laborer and the U.S. has a shortage of workers with your skill set.
Finally, you may be able to get a green card if you plan to open a business in the U.S. and create a certain number of jobs for US citizens; this category has last preference among the work-based green card options.
Green Card for Refugees
U.S. immigration law requires refugees to apply for a permanent resident status after being physically present in the country for one year.
It’s important you follow the instructions provided by the USCIS very carefully, as it may mean the difference between being approved or denied a green card.
Here’s a quick overview of some of the eligibility requirements:
- You must file Form I-485
- You were admitted into the country as a refugee under section 207 of the Immigration and Nationality Act
- You are physically present in the United States at the time you file
- You have been in the country for at least one year
- Your refugee status has not been terminated
- You have not already acquired permanent resident status
- You are admissible for permanent residence or eligible for a waiver of inadmissibility or another form of relief.
Learn more about the requirements of obtaining a green card for refugees here.
Reasons Your Green Card May Be Denied
Qualifying for a green card does not guarantee that you’ll receive one. First, there are only so many green cards available every year, and there are always more applicants than cards. Second, your personal circumstances or history may result in a denial of your application.
Regardless of your category, you may be ineligible for a green card if you’ve been convicted of certain crimes. Crimes involving drugs and serious crimes such as rape, murder, and fraud can all bar you from getting a green card. Human trafficking and prostitution crimes can also prevent you from getting Permanent Resident status, as can any crimes involving harming a child. You may also be denied if you’ve violated immigration laws.
You may be denied for health reasons. You must complete a medical exam before your green card is approved and you can be turned away if you have a communicable disease or a physical or mental condition that is dangerous to the public health. You may be turned away if you’re a drug addict or if you can’t prove that you have obtained all the necessary vaccinations.
If you’ve been linked to terrorist activities or other activities that may pose a threat to national security, your application may be denied.
As part of the application process, US Citizenship and Immigration Services (USCIS) will investigate your health, age, resources, education, and other circumstances to determine if you’re likely to be able to support yourself and, if relevant, your family. If they determine that you’re likely to need long-term government support (such as welfare), your application may be denied.
Finally, your application may be denied if you fail to bring all of the required paperwork and make all of the required appointments. A simple clerical error or missing page can cost you your Permanent Resident status.
Check With A Green Card Lawyer
Applying for a green card is a stressful experience.
The eligibility requirements are strict, the application process can be overwhelming, and the chance of being denied can take an emotional toll.
If you’re serious about applying for a green card and becoming a permanent resident, we recommend you speak with a green card lawyer in Los Angeles sooner than later. To help you get started, we’ll find one for you!
Call 818-697-1426 or tell us a little about your situation using our attorney referral form.
We’ll evaluate your needs and connect you with an experience green card attorney in your area. We’ll even help you get up to 30-minutes of FREE consultation.
Even if your initial application is denied, an experienced attorney can help you revise your application and resubmit it for further consideration.
Are you in search for a certified attorney to represent you?
Let us help you find one today!
