Permanent Residency (``Green Card``)

Our firm has had great success assisting foreign nationals in securing Lawful Permanent Residence, which is commonly known as the Green Card. We have extensive experience with both family and employment based Green Card filings and we pride ourselves as being experts on the immigration laws and practices that govern the Green Card process.

At the Mathews & Peddibhotla Law Group, we understand that the path to Permanent Residence can be long and hard. It is our goal to serve not only as a legal resource, but also as friendly guide to our clients on their path toward Lawful Permanent Residence. We strive to always keep our client’s lives and needs in mind by approaching each application with the ultimate goal of securing Permanent Residence in the fastest and most legally viable way possible.

Employment Sponsorship

Employment based sponsorship for lawful permanent residence is ruled by some of the most complex and challenging of all immigration regulations. In addition to the highly complicated rules and regulations, extensive backlogs and government delays mean that even small mistakes can have devastating ramifications on a foreign worker’s future in the U.S.

Our firm has an excellent track record of providing in-depth analysis, planning and supervision for all kinds of employer-sponsored Green Card applications. We keep up-to-date with changes in the legal environment so that our client’s cases have the best opportunity for success. We specialize in working with employers to ensure that Green Card programs are fast, legally strong and cost effective.

In addition to assisting sponsoring companies, we have extensive experience consulting with individuals about how employment and educational choices affect future green card processing.

Family Sponsorship

Our firm has extensive experience providing comprehensive service for individuals seeking to sponsor their family members for Lawful Permanent Residence. We are intimately familiar with all manner of family based processes both with USCIS and at various Consulates world-wide. We have the knowledge to experience to successfully structure these cases and answer complex questions to guide our clients toward the best possible outcome.

We pride ourselves in our ability to understand the complexities of family sponsorship and work hard to bring families together and help clients establish their lives in the U.S. quickly and successfully.

Investment

Gaining Lawful Permanent Residence through investment is a complex enterprise. Commonly known as “the million dollar green card”, EB-5 Immigrant Investor Visa was established in 1990 to stimulate the U.S. economy through job creation and capital investment. To date it remains one of the most underutilized and elusive of all immigrant visa classifications.

Our firm can help guide Entrepreneurs and Investors through the complex EB-5 process and answer the questions you must know before starting your business in the U.S.

Diversity Visa Lottery

The Diversity Immigrant Visa Program (commonly known as the Diversity Lottery) creates 50,000 new Immigrant Visas annually and allows Foreign Nationals from countries with low rates of immigration to apply for their green card either from abroad or from within the U.S. The disbursement of the visas is based on a randomized lottery held at a specific time each year.

In most cases, individuals apply for the Diversity Lottery independently and then, if they are selected, work with an immigration lawyer to complete the necessary paperwork and green card application. Our firm has the knowledge to effectively assist winners of the Diversity Lottery to ensure their filings are accurate and successful.

Rights & Obligations of Permanent Residence

Permanent Residence-Rights and Obligations_Page_1

Adjustment of Status (“AOS”) is the process by which a foreign national applies to become a lawful permanent resident of the U.S. (“LPR”). The “Green Card” or “GC” serves as evidence of LPR status.

There are typically three routes to the Green Card:

  1. Family
  2. Employment
  3. Humanitarian

While each petition type has unique considerations and requirements, the actual adjustment of status application is similar across each type.

General Application Process 

Below we have set forth the typical forms and documents. As all cases are unique, be sure to discuss your case with one of our attorneys to ensure you have the right set of documents for your case.

A.  Forms – File the following forms with USCIS

  1. Form I-485, Application to Register Permanent Residence
  2. Form I-693, Report of Medical Examination and Vaccination Record
  3. Form I-131, Application for Travel Document (optional, but advisable)
  4. Form I-765, Application for Employment Authorization (optional, but advisable)

B.  Additional Forms – Depending upon the eligibility category for adjustment of status

  1. Form I-864, Affidavit of Support
    This is typically required for family sponsored petitions. However, it is not generally required for humanitarian or employment based petitions.
  2. Form I-485 J Supplement, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
    This is required for an employment-based immigrant visa category that requires a job offer. 

C.  Supporting Documents

See our Document Checklist tab for the general documents required. Please note that additional documents may be required depending upon the petitioning category. Further, alternative documents may be used if the primary documents are not available. MPLG can help identify the supporting documents.

D.  Interview

An interview at a local USCIS field office may be required before the Adjustment of Status may be granted. USCIS has up to 120 days after an interview within which it is supposed to make a decision on the case.

Interim Benefits: Advance Parole and Employment Authorization

When applying to adjust status, an applicant may concurrently seek two interim benefits while the application is pending:

  1. Employment Authorization (Form I-765, EAD)

The EAD allows an applicant to work while their adjustment of status application is pending.

  1. Advance Parole (Form I-131, AP)

Advance Parole allows an applicant to exit the U.S. and return while the adjustment of status application is pending without abandoning the application. Foreign nationals who are in either an H or L status may leave the U.S. without advance parole and will still not abandon their adjustment of status application. However, all others who leave during the pendency of their application, will abandon their application.

If Form I-765 and I-131 are filed together, the applicant will receive a combo card with both the EAD and AP benefits issued on the same card.

Download MPLG’s Adjustment of Status Checklist. This contains a list of commonly requested documentation and information for Adjustment of Status. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents. There may be additional documents required depending upon the petition category under which you are seeking to adjust your status to permanent residence.

General

Our firm has had great success assisting foreign nationals in securing Lawful Permanent Residence, which is commonly known as the Green Card. We have extensive experience with both family and employment based Green Card filings and we pride ourselves as being experts on the immigration laws and practices that govern the Green Card process.

At the Mathews & Peddibhotla Law Group, we understand that the path to Permanent Residence can be long and hard. It is our goal to serve not only as a legal resource, but also as friendly guide to our clients on their path toward Lawful Permanent Residence. We strive to always keep our client’s lives and needs in mind by approaching each application with the ultimate goal of securing Permanent Residence in the fastest and most legally viable way possible.

Employment Sponsorship

Employment based sponsorship for lawful permanent residence is ruled by some of the most complex and challenging of all immigration regulations. In addition to the highly complicated rules and regulations, extensive backlogs and government delays mean that even small mistakes can have devastating ramifications on a foreign worker’s future in the U.S.

Our firm has an excellent track record of providing in-depth analysis, planning and supervision for all kinds of employer-sponsored Green Card applications. We keep up-to-date with changes in the legal environment so that our client’s cases have the best opportunity for success. We specialize in working with employers to ensure that Green Card programs are fast, legally strong and cost effective.

In addition to assisting sponsoring companies, we have extensive experience consulting with individuals about how employment and educational choices affect future green card processing.

Family Sponsorship

Our firm has extensive experience providing comprehensive service for individuals seeking to sponsor their family members for Lawful Permanent Residence. We are intimately familiar with all manner of family based processes both with USCIS and at various Consulates world-wide. We have the knowledge to experience to successfully structure these cases and answer complex questions to guide our clients toward the best possible outcome.

We pride ourselves in our ability to understand the complexities of family sponsorship and work hard to bring families together and help clients establish their lives in the U.S. quickly and successfully.

Investment

Gaining Lawful Permanent Residence through investment is a complex enterprise. Commonly known as “the million dollar green card”, EB-5 Immigrant Investor Visa was established in 1990 to stimulate the U.S. economy through job creation and capital investment. To date it remains one of the most underutilized and elusive of all immigrant visa classifications.

Our firm can help guide Entrepreneurs and Investors through the complex EB-5 process and answer the questions you must know before starting your business in the U.S.

Diversity Visa Lottery

The Diversity Immigrant Visa Program (commonly known as the Diversity Lottery) creates 50,000 new Immigrant Visas annually and allows Foreign Nationals from countries with low rates of immigration to apply for their green card either from abroad or from within the U.S. The disbursement of the visas is based on a randomized lottery held at a specific time each year.

In most cases, individuals apply for the Diversity Lottery independently and then, if they are selected, work with an immigration lawyer to complete the necessary paperwork and green card application. Our firm has the knowledge to effectively assist winners of the Diversity Lottery to ensure their filings are accurate and successful.

Rights & Obligations of Permanent Residence

Permanent Residence-Rights and Obligations_Page_1
Adjustment of Status

Adjustment of Status (“AOS”) is the process by which a foreign national applies to become a lawful permanent resident of the U.S. (“LPR”). The “Green Card” or “GC” serves as evidence of LPR status.

There are typically three routes to the Green Card:

  1. Family
  2. Employment
  3. Humanitarian

While each petition type has unique considerations and requirements, the actual adjustment of status application is similar across each type.

General Application Process 

Below we have set forth the typical forms and documents. As all cases are unique, be sure to discuss your case with one of our attorneys to ensure you have the right set of documents for your case.

A.  Forms – File the following forms with USCIS

  1. Form I-485, Application to Register Permanent Residence
  2. Form I-693, Report of Medical Examination and Vaccination Record
  3. Form I-131, Application for Travel Document (optional, but advisable)
  4. Form I-765, Application for Employment Authorization (optional, but advisable)

B.  Additional Forms – Depending upon the eligibility category for adjustment of status

  1. Form I-864, Affidavit of Support
    This is typically required for family sponsored petitions. However, it is not generally required for humanitarian or employment based petitions.
  2. Form I-485 J Supplement, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
    This is required for an employment-based immigrant visa category that requires a job offer. 

C.  Supporting Documents

See our Document Checklist tab for the general documents required. Please note that additional documents may be required depending upon the petitioning category. Further, alternative documents may be used if the primary documents are not available. MPLG can help identify the supporting documents.

D.  Interview

An interview at a local USCIS field office may be required before the Adjustment of Status may be granted. USCIS has up to 120 days after an interview within which it is supposed to make a decision on the case.

Interim Benefits: Advance Parole and Employment Authorization

When applying to adjust status, an applicant may concurrently seek two interim benefits while the application is pending:

  1. Employment Authorization (Form I-765, EAD)

The EAD allows an applicant to work while their adjustment of status application is pending.

  1. Advance Parole (Form I-131, AP)

Advance Parole allows an applicant to exit the U.S. and return while the adjustment of status application is pending without abandoning the application. Foreign nationals who are in either an H or L status may leave the U.S. without advance parole and will still not abandon their adjustment of status application. However, all others who leave during the pendency of their application, will abandon their application.

If Form I-765 and I-131 are filed together, the applicant will receive a combo card with both the EAD and AP benefits issued on the same card.

Checklists

Download MPLG’s Adjustment of Status Checklist. This contains a list of commonly requested documentation and information for Adjustment of Status. You may not have every document itemized in this checklist, as it is intended as a guide of possible documents. There may be additional documents required depending upon the petition category under which you are seeking to adjust your status to permanent residence.