How to Obtain a Green Card in U.S.

Updated on Tuesday 15th February 2022

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How to Obtain a Green Card in U.S. Image
Generally, most immigrants come to live permanently in the United States of America with the help of a family member’s funding, employment or a job proposal and there are several ways a permanent residence, called “Green Card” can be received:  the “K non-immigrant”, the “Diversity immigrant visa program”, the “legal immigration family equity”, the “special immigrant juvenile”.

Our immigration lawyers in Miami can provide all the legal support needed in order to obtain the Green Card in Miami, U.S. This is also known as the residence permit in USA.

Types of visa in U.S.

The k non-immigrant visa for fiancé(e) of U.S. citizens and their minor children (K-1 and K-2 visas) were produced to speed up the immigration procedure for such persons so they could pass through more quickly to the United States.

U.S. citizen fiancé(e) needs to complete the I-129F Form, “Petition for Alien Fiancé”, for her future spouse.
The diversity immigrant visa program (DIV) makes up to 55,000 immigrant visas accessible yearly, strained from arbitrary assortment along with all entries to people who are from nations with low rates of immigration to the U.S., called “The Green Card Lottery”. To obtain the DIV visa the individual needs to fill up the I-485 Form.

Legal immigration family equity enables certain persons who are present in the U.S. who would not usually meet the criteria needed for adjustment of position in the United States to get a green card visa, regardless of:

•    Failing to constantly continue legalized status since admission;
•    The way they entered the U.S.;
•    Working in America without an authorization.

To meet the criteria for this stipulation you must be the receiver of a labour documentation application (Form ETA 750) or immigrant visa petition (Forms I-130 or I-140, filed on or before 30 of 2001.
The special immigrant juvenile (SIJ) proposes to help overseas children in the U.S., who have been abandoned, mistreated or abused.

A special category of children who are not capable to be reunited with the parents can get a SIJ green card visa. All children who obtain a green card through the SIJ program get the chance to live and also work permanently in the United States of America.

To obtain this kind of green card in Miami, US the individuals need to file for the I-360 Form. You can obtain a permanent residence in numerous different ways and most persons are sponsored by family or by an employer in the U.S

Other people may become permanent residents all the way through refugee or asylum status or other charitable programs and in some cases they may be qualified to file for them.

You can read about the Green Card in the US in the infographic below:
How to Obtain a Green Card in US

The green card lottery in U.S. in 2022

Our team of immigration lawyers in Miami can provide all necessary guidance for every individual in order to get a green card visa in 2022 if he wants to apply online for the “Green Card Lottery”.
Here are the important steps of the process:

•    online check for qualifying;
•    the administrative fee payment;
•    registration number and password for the online account;
•    photo uploading.

If all these steps are accomplished the individuals will have the possibility to check via internet if they won the “diversity visa green card”.

As a reminder, all winners will finally be announced and guided on email by the United States government how to file the formal Visa application without any other taxes.

If an individual is incapable to qualify for family, refugee or work visa in the U.S., this is the only alternative they have to immigrate to the United States of America.  While luck is for certain a key factor in the primary draw, numerous important elements that touch the applicant’s chances of winning a Permanent Resident Card can be controlled. Based on this card, you can obtain USA citizenship.

Procedure of Filing for the Green Card in Miami in 2022

A green card, also known as a permanent resident card, in the U.S. represents a permanent visa for the U.S. It offers the holder the status of a permanent resident with legal right to be employed in the country. After becoming a U.S. green card holder, the U.S. citizenship can be acquired after a few years of residing in the country. 

A foreign citizen can become a green card holder in the U.S. in various ways, some of the most common ones being becoming an employee in a U.S. company or through a family member who is a citizen of the U.S. or a permanent resident here. 

The procedure of filing for the green card in Miami in 2022, generally involves the following four steps.

1.    Filing for labor certification (only for employers)

Prior to contacting the immigration authorities in Miami about obtaining a green card for a foreign employee, the employer has to undertake an advertising and recruitment procedure, consequently not be able to find a U.S. employee who is qualified, wants and is available to occupy the same position. After that, the employer has to file a labor certification demand with the Department of Labor in the U.S.

2.    Filing an initial visa application

As the second step of the procedure of filing for the green card in Miami, this is the stage when the employer or relative begins the procedure of discussing with the immigration authorities in the U.S. through filing an application for a visa on the foreign citizen’s behalf. An immigration attorney in Miami can provide more details on this matter.

3.    Wait until a visa is attainable

For visas that have a limited number per year, the visa candidate has to wait until the priority date appears on a waiting list.

4.    Filing for the green card

Finally, the foreign citizen can submit the application for the green card in the U.S. This might take up to several months, depending on where the application is made. The application can be made either at an USCIS (United States Citizenship and Immigration Services) or at a consulate of the U.S. in the applicant’s country of residence. 

A Miami immigration lawyer can assist you to ensure everything runs smoothly and there are no issues along the process of filing for the green card in Miami.


Q & A about the Green Card in the U.S.

Can I obtain the green card in the U.S. if my family members are citizens of the country?

In case you are aged under 21 and your parents are U.S. citizens, or if your wife or husband, or children over 21 years old, are citizens of the U.S., you qualify as an immediate relative. This means that, if your relative who is a U.S. citizen wants to petition for you and engage to financially support you, you can be eligible for the green card in Miami, U.S.

What are the categories of a green card in the U.S.?

The main categories of a green card in Miami, U.S. are:

•    Green card through a job;
•    Green card through family;
•    Green card through asylee or refugee status;
•    Other types of green cards. Our immigration attorneys in Miami can provide more details on what these types of green cards can consist of.

What are the advantages of a green card in the U.S.?

A green card in Miami, U.S.:

•    Enables you to obtain official immigration status in the U.S.;
•    Gives you certain rights, as well as responsibilities;
•    Allows you to apply for the U.S. naturalization.

We can assist you with the application for USA citizenship.


Taxation for Green Card Holders

Even if you have not become a citizen of the U.S., it might be required for you to pay taxes for green card holders in the country. The U.S. government rules that all “tax residents” should file their tax return. If you are a green card holder in the U.S., you are considered a tax resident.

Tax residents in the U.S. have to report their entire income worldwide to the U.S. Internal Revenue Service (IRS). Even when part or the entire income was gained from businesses or investments from overseas, a tax resident has to report it entirely. However, it does not necessarily imply that the government of the country will impose taxation for the worldwide income of green card holders.

Procedure of filing for taxation for green card holders in the U.S.

For green card holders, the general procedures for filing the income, estate and gift tax returns, as well as paying estimated taxation are the same as for U.S. citizens. Furthermore, a green card holder is usually taxed the same as U.S. citizens. 

Similarly, green card holders in the U.S. can enjoy the same filing statuses, exemptions, deductions and credits as U.S. citizens.

Taxations rules for green card holders in the U.S. tend to be quite complex and they are not easy to comprehend even for U.S. citizens, therefore we recommend you to hire an immigration lawyer in Miami to assist you in this regards.

When does a green card holder become a tax resident in the U.S.?

A green card holder automatically becomes a tax resident in the U.S. starting with the year when he or she becomes a permanent resident of the country. Therefore, the green card holder has to declare his or her worldwide income to the IRS, unless he or she applied to be treated as a resident of a foreign state under an income tax treaty. 

What is the green card was surrendered or abandoned?

Losing the permanent resident status does not automatically imply that the holder stops being a U.S. tax resident. Before being exempt from filing the tax returns in the U.S., the person in question might have to announce the Department of Homeland Security that he or she no longer has the permanent resident status or that he or she is surrendering the green card, maybe having to submit a form with the IRS. A Miami immigration lawyer can provide more details on this situation.

More details on the Green Cards awarded in U.S. are available below: 


How to Renew a Green Card in Miami

Permanent residents are required to renew their green cards in Miami if their 10 year expiry date has come up or if their green cards will expire within the following six months. 

Here is how to renew a green card in Miami:

•    Submit the online Application to Replace Permanent Resident Card;
•    File the Application to Replace Permanent Resident Card via email. Our Miami immigration attorneys can provide more details on what this application consists of.

Miami green card renewal when abroad

In case the resident is out of the U.S. and his or her green card will expire in the following maximum six months, and the resident has the intention of returning to the country in maximum one year from the date of his leave from the U.S., he or she has to file for the renewal of a green card in Miami at the time of his or her return into the country.

If the U.S. resident is abroad at the green card expiration date and he or she has not applied for the card renewal before he or she left the country, he or she has to contact the closest U.S. Consulate, U.S. port of entry or USCIS office prior to trying to file the Application to Replace Permanent Resident Card via email for the green card renewal in Miami.

Appeal in case of application denial in Miami

If a person needs to renew a green card in Miami and the renewal application is denied, the resident will be sent a letter which will indicate the reasons for the denial. The appeal of a denial is not allowed, however the renewal applicant can file a motion of reconsidering with the office which made the denial. Through submitting this type of motion, the person in question can require the USCIS to reexamine or reconsider the denial decision.

The motion of reopening has to declare the new factors provided if the case is reopened and it has to include the suitable documentary proof. Such a motion should establish that the initial denial decision was incorrect according to the law of immigration policy in the U.S. and also that the decision was incorrect based on the proof provided at the time of the initial renewal application. 

If you have to renew your green card, please get in touch with our immigration lawyers in Miami. They will provide all the necessary information and ensure the renewal application will be a successful one.

Assistance in obtaining a Green Card in Miami in 2022

Foreign citizens who want to apply for Green Cards in Miami in 2022 can rely on the entire support of our lawyers. They will help you immigrate here based on your country of residence.

It is useful to note that the procedure of obtaining a US Green Card by relocating to Miami has not changed at the level of 2022 compared to previous years, however, you need to comply with various requirements which can be explained by our specialists.

If you have any questions on how to obtain a Miami Green Card in 2022, do not hesitate to ask for details from our immigration lawyers.

The Miami immigration attorneys are specialized in a wide range of green card visas, so please feel free to contact our team. They can also assist you with all the immigration procedures in case you are considering marrying a Cuban in USA.  We offer tailored advice on how to obtain a residence permit in USA.