Every green card case has the same three questions
Most of the difficulty in a real case sits in the third question, and most of the waiting sits in the second.
- Is there a category? — a family relationship, an employer, an investment, or a humanitarian basis.
- Is a visa available? — immediately for immediate relatives; on the visa bulletin for everyone else.
- Are you admissible? — and if not, is there a waiver?
Adjustment of Status or consular processing
If you are lawfully inside the United States and eligible, you can usually adjust status here. If you are abroad — or inside the country but ineligible to adjust — the case finishes at a consulate.
The choice is often forced by how you entered the country. Getting it wrong is expensive: a departure can trigger a three- or ten-year bar that keeps a family apart, which is exactly what the I-601A provisional waiver exists to manage.
What we actually do
We take the history first, then build the file: the petition and its evidence, the affidavit of support and the financial documents behind it, the medical examination, the civil documents and their translations, and a response to anything adverse before an officer has to ask about it.
Requests for evidence are usually a sign that something obvious was left for the officer to wonder about. Most of them are avoidable.
Questions we are asked about this
How long does a green card take?
From a few months for an immediate relative in a fast office, to many years in an oversubscribed preference category. The category — not the lawyer, and not the filing — determines the bulk of it.
Can I travel while my case is pending?
Sometimes, with advance parole, and sometimes not at all without abandoning the application or triggering a bar. Always ask before booking.
Does a green card expire?
The card does; the status does not. A ten-year card is renewed with an I-90, and a two-year conditional card has to have its conditions removed on time.