The ultimate dream for many applicants is a permanent move to the United States. This is different from a temporary work or education visa – requiring a broader series rights from a long-term visa.
For these applicants, indefinite residence requires an immigration visa – colloquially known as a green card. This provides applicants with the full series of rights and privileges of a permanent resident in the US – including an unlimited work permit, a multiple entryvisa, as well as a legal path to citizenship.
Applying for a green card is the most difficult approach to take, and involves much more scrutiny – though the upside is invaluable.
While many are familiar with the application process for non-immigrant visas – such as the H1B or EB-5 visas –the path to a green card is difficult and involves much more scrutiny. The odds are against you, but there are ways to beat them. Key to success is an understanding of the different paths towards obtaining permanent resident status. These include, but aren’t limited to:
Different types of application are provided for different purposes, and have different requirements and rights attached. Each applicant is suited best for one approach – and finding the appropriate petition is key to a successful application.
Counseling - While many unlicensed agents and amateurs attempt an ‘one size fits all’approach, this is a surefire way to confuse clients and lead to foolhardy mistakes. It’s important to approach every case individually – to understand the risks and options available to each client, and match each prospective traveler to the right visa. A strong case for admission becomes instantly dismissed if under the wrong visa program. Our immigration consultants will work with you to identify the best option for your unique circumstances, and help walk you through the procedure for application.
Application - Once you’ve identified the right visa for you and your situation, you can begin the application process. However, the application procedure is very incredibly intricate and detail-oriented. With hundreds of thousands of visa applications flowing through the consulates, the smallest mistake or misstatement can be grounds for rejection – and even bar future applications. Trying to go through the process alone, or with the sole guidance of unlicensed agents and amateurs greatly increases the chances of such mistakes – and makes rejection much more likely.
Our licensed and trained attorneys can help - working with you to send the most complete, most accurate application possible, and sending it in the form and manner the consulates can process properly. Our attorneys can also work with you to obtain any waivers or affidavits needed to support your application.
Follow Up - After submitting an application to the embassy, the application process truly begins. The consular officer weighs your application, consults with required departments and officials, and formulates a view of your case. There is usually a mandatory interview for this process, regardless of application type or application strength. Depending on the application, they may ask for further information or evidence in the form of a Request For Evidence (RFE) orders or hide additional scrutiny under the catchall ‘administrative processing’.
Our immigration attorneys can help with this follow up process - explaining the opaque processes behind the scenes, peek behind departmental smokescreens and form responses, and work with you to ensure the application is processed as fast as possible.
We also help to comply with Request For Evidence (RFE) orders, communicated with the concerned officials directly, and help walk you through the interview process through counseling or mock interviews.
Appeal -In case your application has been rejected, there are still many options to explore. There may be the option to appeal the rejection, or to obtain the rationale behind the rejection for future use. There are also ways to reapply – both with a similar application, or one through a path more likely to succeed. We can help walk through the post-rejection process, illuminate your options, and follow through with the consulate.
Trying to go through the immigrationapplication process alone can prove difficult without experienced legal advice. But we are here to help.
Our offices can help with the process of applying for the right immigrant visa for you – whether in the form of immigration counseling, guiding through the application process, or helping with further requests for information and evidence. We also provide comprehensive review services for denied applications – helping with any appeal options or alternative application processes.
At the Law Offices of Akash Kashyap, Esq., we use only the best immigration lawyers available, trained and licensed in the USA and India. We provide these legal services both through our New Delhi and Gurgaon offices, as well as online.