Best Immigration Lawyers in New York : Green Card Application Guide

Employment-based green cards are available to workers who have received sponsorship from a United States employer. These categories are divided into five preference levels based on the worker's education, experience, and the availability of qualified workers in the United States labor market. The sponsoring employer must demonstrate that no qualified United States workers are available for the position, and that hiring the foreign national will not negatively affect United States wages and working conditions. Best immigration lawyers in New York assist both employers and employees in navigating the labor certification process and preparing the necessary forms for USCIS submission.

Family sponsorship is one of the most common pathways to obtaining a green card. United States citizens and lawful permanent residents can sponsor qualifying family members, including spouses, children, parents, and siblings. The sponsorship process requires the petitioner to file Form I-130 and demonstrate the ability to financially support the beneficiary. Marriage-based green card applications follow specific procedures and require evidence of a bona fide relationship. Best immigration lawyers in New York ensure that all family sponsorship petitions are properly documented and comply with USCIS standards.

For employment-based green cards, the sponsoring employer files Form I-140, Immigrant Petition for Alien Worker. This form establishes that the employer is seeking to sponsor a foreign national for permanent residency and that the position meets the requirements of the applicable employment-based category. The petition must include evidence of the beneficiary's qualifications, the job description, and documentation of the employer's financial ability to pay the offered wage. Best immigration lawyers in New York prepare comprehensive Form I-140 petitions that address all USCIS requirements and strengthen the likelihood of approval.

After the initial petition is approved, the beneficiary may be eligible to adjust status within the United States or proceed through consular processing at a United States embassy or consulate abroad. Adjustment of status allows eligible applicants to remain in the United States while their green card application is processed. This pathway requires filing Form I-485 and attending a biometrics appointment and adjustment interview at a local USCIS office. Obtaining a U.S. Green card through adjustment of status often provides faster processing and allows the applicant to work and travel during the application period. Best immigration lawyers in New York advise clients on whether adjustment of status or consular processing is the most advantageous option for their circumstances.

The Affidavit of Support, Form I-864, is a critical document in both employment-based and family-based green card applications. This form requires the sponsoring employer or family member to demonstrate income at or above 125 percent of the federal poverty guideline for the household size. Acceptable evidence of income includes federal tax returns for the past three years, W-2 forms, pay stubs, and bank statements. Best immigration lawyers in New York help sponsors gather and organize financial documentation to meet USCIS requirements and avoid requests for additional evidence. If the primary sponsor's income is insufficient, a joint sponsor or co-sponsor may be added to strengthen the application.

Employment-based and family-based green card applications are subject to annual visa quotas and preference categories. When demand exceeds the number of available visas, applicants must wait for their priority date to become current before they can proceed with adjustment of status or consular processing. This waiting period, known as the visa bulletin priority date system, can extend the total application timeline by several months or years depending on the preference category and country of origin. Best immigration lawyers in New York monitor visa bulletin updates and advise clients on when their priority date is likely to become current. For applicants with a priority date that is not yet current, the attorney may recommend filing Form I-485 in anticipation of the priority date becoming current, which allows the applicant to receive work authorization and travel permits while waiting.

All green card applicants must undergo a medical examination by a USCIS-designated civil surgeon and pass security and background clearance checks. Medical conditions such as communicable diseases or certain health issues may result in a determination of inadmissibility. Criminal history, immigration violations, or security concerns may also prevent approval of the green card application. Best immigration lawyers in New York work with clients to address medical issues through waivers if applicable and to resolve security concerns through proper documentation and explanation letters. If an applicant has a criminal conviction or immigration violation, the attorney evaluates whether the applicant is deportable or inadmissible and explores options for waiver or rehabilitation.