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Green Card Immigration Lawyer Chicago Providing Legal Representation For Immigration Needs

It can be daunting if you or a family member wants a green card to work and live in the United States legally. Employment-based immigration law is often complicated with complex legal issues that can take a great deal of time to fully complete.

Nevertheless, with the assistance of experienced immigration attorneys, you may be able to shorten the time it takes to obtain a green card and eventually obtain United States citizenship. The SwagatUSA, LLC Chicago immigration lawyers can give you an honest assessment of your case and see how we may be able to assist you. Contact our immigration law office today to schedule an appointment with one of our skilled Chicago immigration attorneys.

How Long Does It Take To Obtain A Green Card?

Green cards are in high demand because they allow foreign workers and other non-U.S. citizens the ability to work and gain permanent residency within the United States. After three or five years, the foreign worker may qualify for United States citizenship.

However, the time it takes to obtain a green card depends on whether you apply from inside or outside the United States.

  •  Applying from within the United States: For family members such as spouses, parents, or minor-aged children applying through adjustment of status, the wait time is approximately 13.5 to 23.5 months. For individuals or spouses who wish to acquire a green card for employment authorization, the wait time can run up to two years or more.
  •  Applying from outside of the United States: If you are a spouse of an immediate relative of a U.S. citizen who is applying from outside of the U.S. through consular processing, the current wait is approximately 13-15 months. However, other individuals, such as foreign employees, are subject to country caps.

However, individuals trying to secure a green card should be prepared to wait for immigration services to complete the necessary paperwork to become a permanent resident. However, with the assistance of a skilled Chicago immigration lawyer, you may be able to cut down on the time you have to wait significantly.

Our law firm has extensive experience handling citizenship law and will work diligently to help you and your family members with immigration matters.

What Can Prevent An Individual From Obtaining An Immigrant Visa?

The United States Citizenship and Immigration Services (USCIS) has strict immigration laws that govern who can enter the country and apply for citizenship or permanent residency.

Some of the most common issues individuals may face during the immigration process when trying to obtain green cards include:

  •  Criminal history
  •  Employment status
  •  Lack of connection to the U.S. through family immigration or employment.

Any criminal history can cause you to be denied a green card, mainly cases involving domestic violence, drugs, or prostitution.

Another common reason an individual is denied a green card is they have filled out the paperwork incorrectly. Immigration paperwork can be confusing and easily denied, such as when the correct documentation is not included.

Therefore, it is in your best interests to allow an experienced immigration attorney, such as those of SwagatUSA, LLC, to assist you with filing the necessary paperwork to be sure it is completed correctly and in a timely manner.

What Is The Labor Certification Process?

The permanent labor certification process (PERM) is governed by the U.S. Department of Labor’s Employment and Training Administration (ETA). The main goal of PERM is to determine whether hiring a non-US citizen for a job would prevent U.S. citizens from obtaining the same type of employment.

Before an employer can legally hire non-U.S. citizens, they must obtain a PERM certification. After obtaining the certification, the employer can apply for an employment-based immigration visa for a foreign worker. However, in some cases, employers may procure a National interest waiver if the job fits into a particular category established under immigration laws.

The USCIS then reviews the application to determine whether or not the position being applied for is comparable to the job assessed previously by the ETA. Secondly, the ETA also determines whether or not foreign employees are qualified to meet the job requirements of the job in question.

Late In Filing I-751 Removal Of Conditions On Your Green Card?

Marriage-based green cards, where the marriage is less than 2 years old are issued a Conditional Green Card or a Conditional Permanent Resident Card with a 2 year expiration date.  One must file to remove the conditions within 90 days from the expiration date.  However, often people forget as they get caught up in their routines.

This is a reason we offer a program where we track your application and file the I-751 for you. But what happens if you have already missed your deadline?

Firstly, you are our of status and can be removed from the USA.  You essentially have 2 options. To start all over, or to late-file an I-751. Which you choose depends on a number of details.

1) are you still married to the petitioner?

2) do you have a lot of evidence of the good faith relationship?

3) why did you not file in time? Have there been extenuating circumstances?

4) what are the relative costs involved?

At this point it is crucial you hire an immigration attorney to assess your options and help you decide which is the best route for you.

We help clients with late filing I-751s and also with adjustment of status applications from all over the country. Call our Chicago green card attorneys today at 773-825-8695 to schedule your free initial consultation.

Spouses And Children Of Green Card Holders (LPR) Category F2A

“How long would it take for my relative to obtain a green card?” is a common question that immigration lawyers face.  It is one of the questions that immigration lawyers can never answer with a degree of certainty.  The reason, we are all told, is that wait times vary on a case by case basis, and also depend on the priority date table, and the processing times at any given point in time.  An excellent example of it is the recent sudden movement in the F2A category of the visa bulletin.

What Is The F2A Category?

The F2A category is for spouses and children of LPRs, also called, Legal Permanent Residents, or green card holders.  Spouses and minor children of US citizens are considered “Immediate Relatives” and do not have quotas on the numbers of green cards available annually.  All other family based immigration categories do have quotas, and these quotas are often a cause of a delay in entry or admission of the relative.  These quotas get tracked using the “Visa Bulletin” which shows the filing dates (or priority dates) of cases  being processed in each category every month.  This visa bulletin is updated monthly.

This category showed that this month, in July 2013, cases were being processed in September or October of 2011, depending on the country of birth of the intending immigrant.  For the upcoming month, in August 2013, the category is current for all countries!

What Is The Effect Of Having An F2A Category As Current?

This is great news for anyone who wants to apply for a spouse or child under 21 as a green card holder.  It means that there is no waiting for the priority date to come current.  The priority date is already current and the only waiting period is related to the processing time.  It also means that those who are here in the US and otherwise qualify, can apply for adjustment of status concurrently with their I-130.

Moreover, spouses and children of green card holders are allowed to have dependents, whereas spouses and children of US Citizens, considered to be immediate relatives, are not permitted to have dependents on their application.  In a sense, this is an advantage over the US citizen petitioners.  For example, if Adam is a green card holder, and applies for Maggie, and Maggie has a minor child of her own, Adam can apply for both in a single petition.  On the other hand, if Adam were a US Citizen, Adam would have to file a petition for Maggie, and a separate one for the child as a step-parent, if he qualified as a step-parent.

This illustrates how important it is to keep abreast of the priority dates on the visa bulletin and how difficult it is to predict the pace of movement of the visa bulletin priority dates without more information.

If you are a green card holder and have filed for a spouse or child under 21, and your application is pending, contact an immigration attorney to determine if your relative qualifies for an immediate adjustment of status or needs help in ensuring that he or she is scheduled at the consulate without delay. Note that processing time is still required.

Can Your Chicago Immigration Lawyers Provide The Legal Services Needed To Obtain A Green Card?

SwagatUSA, LLC is a law firm dedicated to helping individuals with immigration petitions and obtaining green cards for foreign employment authorization. Our law firm has enjoyed high success helping individuals with immigration cases and would be pleased to assist you with your needs.

Our extremely professional legal team is pleased to be able to offer clients personalized service as we try to help you achieve your immigration goals. Because of our work with prior immigration cases and naturalization law, we clearly understand what it takes to achieve results for the immigrant community. Our immigration law firm is proud to assist with your needs to better your chances of obtaining the American dream.

Contact SwagatUSA, LLC at 773-825-8695 to schedule an initial consultation with a Chicago immigration attorney and learn how we can assist you with immigration matters.