Green Card Lawyer
A green card gives you permanent residence in the United States: the right to live and work here, travel, sponsor certain relatives and, in time, apply for citizenship. Botelho Law Group helps people across the United States apply for green cards through family, marriage, humanitarian programs and other paths, and solves the problems that can stand in the way. Free consultation in English, Portuguese or Spanish.
What is a green card?
A green card, officially a Permanent Resident Card, shows that you are a lawful permanent resident of the United States. As a permanent resident you can:
- Live and work anywhere in the United States
- Travel abroad and return, within limits
- Petition for your spouse and unmarried children
- Apply for U.S. citizenship after meeting the residence requirements
Permanent residence can be lost. Long trips abroad, certain crimes and fraud can put it at risk, so it is important to understand both your rights and your responsibilities.
Immigration law is federal, so green card rules are the same in every state. We represent clients nationwide, with meetings by phone or video.
Ways to get a green card
Most people qualify for a green card in one of these ways:
Family
Through a U.S. citizen or permanent resident relative.
Marriage
Through a U.S. citizen or permanent resident spouse, or a K-1 fiancé visa.
Employment
Through a U.S. employer or, in some cases, your own extraordinary ability or national interest work.
Asylum or refugee status
After one year in asylee or refugee status.
Humanitarian programs
Including VAWA self-petitions for abuse victims, U visas for crime victims and Special Immigrant Juvenile status.
Other paths
Such as the Diversity Visa lottery and registry for people who have lived here since before 1972.
Family-based green cards
A U.S. citizen or permanent resident starts a family case by filing Form I-130, Petition for Alien Relative. How quickly the relative can get a green card depends on the relationship.
Immediate relatives of U.S. citizens
There is no annual limit, and so usually no wait for a visa, for:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens who are at least 21 years old
Family preference categories
Other relatives fall into categories with a limited number of visas each year:
| Category | Who qualifies |
|---|---|
| F1 | Unmarried sons and daughters (21 or older) of U.S. citizens |
| F2A | Spouses and unmarried children under 21 of permanent residents |
| F2B | Unmarried sons and daughters (21 or older) of permanent residents |
| F3 | Married sons and daughters of U.S. citizens |
| F4 | Brothers and sisters of U.S. citizens who are at least 21 |
Relatives in these categories wait until their priority date, the date the I-130 was filed, is current in the State Department’s monthly Visa Bulletin. Waits range from a couple of years to many years, depending on the category and country of birth.
Protecting children who turn 21
When a child turns 21 during a long wait, they may lose their place in line. The Child Status Protection Act can sometimes lock in a child’s age. When a petitioner naturalizes, or a child marries, the category can also change. We check these rules early so a child is not left behind.
Adjustment of status or consular processing
Once a visa is available, there are two ways to complete the green card:
- Adjustment of status with Form I-485, for people already in the United States who are eligible to adjust. Most applicants must have been inspected and admitted or paroled, and many must have kept lawful status.
- Consular processing through the National Visa Center and a U.S. embassy or consulate abroad.
Immediate relatives of U.S. citizens can often adjust even after an overstay. People in preference categories generally need to have maintained status. An older petition or labor certification filed on or before April 30, 2001 may allow adjustment under section 245(i), even after an unlawful entry.
Choosing the wrong path, or leaving the United States at the wrong time, can trigger a bar to returning. We review your entry and immigration history before anything is filed.
The adjustment of status application
A typical family-based adjustment package includes:
- Form I-485, Application to Register Permanent Residence
- The approved or concurrently filed Form I-130
- Form I-864, Affidavit of Support, from the petitioner and, if needed, a joint sponsor
- Form I-693, the medical examination
- Birth certificate, passport, I-94 and other immigration records
- Optional Form I-765 for a work permit and Form I-131 for advance parole
- Certified court records for any arrest or conviction
After filing, you attend a biometrics appointment and, in many cases, an interview at a USCIS field office.
Green cards after asylum or refugee status
Asylees can apply for a green card one year after being granted asylum. Refugees are required to apply one year after admission. Both file Form I-485, and some grounds of inadmissibility can be waived for them that cannot be waived for other applicants.
Humanitarian paths to a green card
VAWA self-petition
Spouses, children and parents abused by a U.S. citizen or permanent resident relative can file Form I-360 on their own, without the abuser’s knowledge or help.
U visa
Victims of certain crimes who help law enforcement may receive U status and, after three years, apply for a green card.
Special Immigrant Juvenile status
Children under 21 who were abused, abandoned or neglected by a parent may qualify after a state court makes certain findings.
These cases require sensitive handling and careful evidence. Our bilingual staff can help clients tell their story in Portuguese or Spanish.
Common obstacles and waivers
Not everyone who qualifies for a category is admissible. Common problems include:
- Unlawful presence. Leaving the U.S. after more than 180 days of unlawful presence can trigger a 3-year bar, and after more than one year a 10-year bar. A provisional waiver, Form I-601A, can let some immediate relatives apply before leaving.
- Criminal history. Some arrests and convictions make a person inadmissible or deportable, even old ones.
- Prior removal or illegal reentry. These may require permission to reapply or may bar a green card entirely.
- Misrepresentation. A false statement or document in a past visa application can create a permanent bar unless waived.
- Public charge. Officers consider whether an applicant is likely to depend on certain government benefits. The rules in this area have changed in recent years, so we review your situation under the current standard.
- Health grounds. Including required vaccinations, which the medical exam checks.
Many of these problems can be solved with a waiver, which usually requires proof of extreme hardship to a qualifying U.S. citizen or permanent resident relative.
Conditional green cards
If a green card is based on a marriage that was less than two years old when residence was granted, it is conditional and valid for two years. The couple must file Form I-751 in the 90 days before it expires. Investors receive conditional residence too, with a separate filing to remove conditions.
Keeping your green card
Permanent residence comes with responsibilities:
- Carry your card and renew it with Form I-90 before it expires, usually every 10 years.
- Report address changes to USCIS within 10 days of moving.
- Avoid long absences. A trip of more than six months can raise questions, and an absence of more than a year can be treated as abandoning residence. A reentry permit helps show that you intend to keep your residence, but it is not a guarantee.
- File taxes as a U.S. resident.
- Avoid crimes and false claims. Some convictions, and any false claim to U.S. citizenship, including registering to vote, can lead to removal.
- Men aged 18 to 25 must register with the Selective Service.
If you plan to live abroad for a long period, apply for a reentry permit before you leave.
From green card to citizenship
Most permanent residents can apply for citizenship after five years, or three years if married to and living with a U.S. citizen. Citizenship protects you from losing status and lets you vote and petition for more relatives.
If you are in removal proceedings
Some people can apply for a green card in immigration court, through adjustment of status or cancellation of removal. A pending petition does not stop removal proceedings by itself, so get advice immediately.
Families from Portugal, Brazil, Cape Verde and Latin America
Many of our clients are building families across borders. Civil documents from Portugal, the Azores, Brazil, Cape Verde and Latin America must meet State Department requirements and often need certified English translations. Our bilingual staff can explain each step in Portuguese or Spanish to petitioners and relatives here and abroad.
Free resources from our firm
Our Immigration Process Center brings together our guides and videos on documents, interviews and recent policy changes.
How we help
- Free consultation. We review your family, your immigration history and your goals, in English, Portuguese or Spanish, and explain your options and the cost.
- Eligibility review. We check your category, priority date, entry history and any criminal or immigration issues before anything is filed.
- Preparation and filing. We prepare petitions, applications, affidavits of support and evidence packages.
- Waivers. We prepare hardship waivers and other applications to overcome obstacles.
- Interviews and requests for evidence. We prepare you for interviews and respond to USCIS requests.
Frequently asked questions
How long does it take to get a green card?
It depends on the category, the USCIS office or consulate, and whether a visa is immediately available. Immediate relatives of U.S. citizens often wait the least. Some family preference categories involve waits of many years.
Can I apply for a green card if I overstayed my visa?
If you are the spouse, parent or unmarried child under 21 of a U.S. citizen and entered lawfully, an overstay alone usually does not prevent adjustment. Other categories usually require maintained status.
Can I travel while my green card application is pending?
Only with advance parole, and only after confirming that leaving will not trigger a bar. Traveling without advance parole can abandon your application.
Can I work while my case is pending?
If you file for adjustment of status, you can apply for a work permit with Form I-765.
What happens if my green card expires?
You remain a permanent resident, but you need a valid card to prove it for work and travel. File Form I-90 to renew it. A conditional card is different and requires Form I-751.
Can a green card be taken away?
Yes. Abandonment of residence, certain crimes, fraud and some other violations can lead to removal proceedings.
Can my brother or sister get a green card through me?
Yes, if you are a U.S. citizen aged 21 or older, through the F4 category. The wait is often long.
What if I already filed and received a request for evidence?
Read the request carefully and note the deadline. A complete, organized response that answers every point is the best way to keep the case moving. We prepare responses for clients, including people who filed on their own.
Do you handle cases outside Massachusetts?
Yes. Immigration law is federal, so we represent clients across the United States.
Can you help in Portuguese or Spanish?
Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.
Talk with us about your green card
Tell us about your family and your immigration history. We will explain whether you qualify, the best path and the cost.