Generally speaking, in order to get a green card to stay in the United States, you first need to obtain a visa. Quite often, filling out paperwork, meeting deadlines, and determining how long your green card is valid for can be either overwhelming or confusing. This is why it is best to work with an attorney who focuses his attention solely on helping visitors in the United States obtain visas, green cards, and ultimately, citizenship.
Contact Utah green card attorney Vinh K. Ly today to schedule an initial consultation.
Visas
Having a visa is the first step to obtaining a green card. You may have obtained a temporary visa:
- as a student
- as a worker
- through a sponsoring family member.
However, if you want to take the next step, you need to be aware both of filing deadlines as well as those pertaining to renewal. While L and H work related visas generally cover six years (over two three-year periods), it is better to obtain a green card. I have worked extensively with individuals wanting green cards – I know the immigration system and can make your process run more smoothly by keeping you informed of important deadlines.
A green card is only considered valid for two years if you received “conditional permanent resident” status, which usually applies to marriage-based green cards where the couple has been married for less than two years, not necessarily to merit-based petitions; in that case, you need to file a petition to remove the conditions before your two-year green card expires to get a full ten-year green card.
Key points:
- Conditional permanent resident:
The only scenario where your initial green card is only valid for two years is if you are considered a “conditional permanent resident,” which typically happens when you are married to a US citizen and have been married for less than two years.
- Merit-based green cards:
Most merit-based green cards, obtained through employment-based immigration or other categories based on skills and abilities, are usually valid for ten years from the date of issuance.
- Entrepreneur based green cards:
When an individual immigrates to the United States as an entrepreneur through a program like the EB-5 Investor Visa, they initially receive a conditional green card, which is only valid for two years and requires them to file a petition to remove the conditions and obtain full permanent resident status before the two years expire.
If you have entered this country without a visa – either as an illegal alien or for humanitarian reasons such as asylum – the processes are somewhat different, but you must apply within a year of your arrival, unless you fit under certain exceptions. On the other hand, if you have come to this country illegally and wish to obtain a green card without a visa, you must prove ten years of residency. If successfully proven, and you meet other conditions, you will receive a green card.
Having come to this country from Vietnam, I am aware of the challenges of obtaining a green card and want to ease the process for others. Contact me, Vinh K. Ly, green card lawyer today – I will provide you with the knowledge and positive outlook you need to achieve your goals in this country.