Florida Green Card Lawyer

A green card grants lawful permanent residence in the United States, which means the right to live and work here on a long-term basis. There is no single way to obtain one. Some people qualify through a family relationship, others through a job offer, an investment, humanitarian protection, or the diversity visa lottery. The Law Offices of Albert Goodwin, PA helps people in Coral Gables and throughout Florida choose the right path, prepare the application carefully, and protect their status once it is granted. Immigration law is federal, so we also assist clients located elsewhere in the United States and abroad. This page is an overview that links to the more specific topics we handle.

What Lawful Permanent Residence Means

A green card holder, formally called a lawful permanent resident, is allowed to live in the United States indefinitely and to work for almost any employer without a separate work permit. Permanent residents may travel in and out of the country, sponsor certain family members for their own green cards, and, after meeting the requirements, apply to become U.S. citizens.

Permanent residence also carries responsibilities. A green card holder must obey federal, state, and local laws, file income tax returns, and treat the United States as their permanent home rather than a place they occasionally visit. Certain criminal convictions and long absences abroad can put a green card at risk, so it is worth understanding the duties that come with the status, not just the benefits.

The Main Paths to a Green Card

Most green cards fall into one of a handful of broad categories. The right category depends on your relationships, your work, your resources, and your history.

Family-Based Immigration

Many people obtain permanent residence through a close family member who is a U.S. citizen or green card holder. Spouses, parents, children, and siblings may qualify, though waiting times differ sharply between categories. We cover this in detail on our family-based immigration lawyer page, and marriage cases on our marriage green card lawyer page.

Employment-Based Immigration

Workers may qualify based on a job offer, professional skills, or extraordinary ability in their field. These cases often involve a labor certification step and fall into preference categories with annual limits. Our employment-based immigration lawyer page explains how these work.

Investor Immigration (EB-5)

The EB-5 program offers permanent residence to people who make a qualifying investment in a U.S. business that creates jobs. These cases involve detailed financial documentation and a conditional period before full residence is granted. See our EB-5 investor visa lawyer page for more.

Humanitarian Paths: Asylum and Refugee Status

People who have suffered persecution, or who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group, may seek protection that can lead to a green card after a required period. Our asylum lawyer page describes this route.

The Diversity Visa Lottery

Each year a limited number of green cards are made available through the diversity visa program to people from countries with low rates of immigration to the United States. Selection is by random draw among qualified entrants, and being selected is only the first step toward an actual green card.

Two Ways to Get the Green Card: Adjustment of Status and Consular Processing

No matter which category applies, the green card itself is granted through one of two mechanisms. Which one fits depends mostly on where the applicant is located and how they entered the United States.

• Adjustment of status: Available to many people who are already inside the United States and entered lawfully. The applicant files for the green card without leaving the country, and the case is decided by U.S. Citizenship and Immigration Services. Our adjustment of status lawyer page explains the requirements.
• Consular processing: Used when the applicant is abroad, or when adjustment is not available. After the underlying petition is approved, the case moves to the National Visa Center and then to a U.S. embassy or consulate, where the applicant attends an immigrant visa interview before entering as a permanent resident.

Choosing the wrong mechanism, or filing for adjustment when it is not available, can cause delays or denials. We review entry history and immigration records before deciding which route to pursue.

Conditional Green Cards and Removing Conditions

Some green cards are issued on a conditional basis and are valid for only two years. This happens most often in two situations: people who obtain residence through a marriage that is less than two years old at the time of approval, and EB-5 investors. In both cases, the resident must take an additional step before the conditional card expires to keep permanent status.

For marriage cases, the couple files Form I-751, Petition to Remove Conditions on Residence, in the ninety-day window before the card expires. EB-5 investors file Form I-829 to show the investment and job-creation requirements were met. Missing these deadlines can put residence at risk, so we track them closely for our clients.

Keeping Your Green Card Valid and Avoiding Abandonment

A green card can be lost even after it is granted. The most common avoidable problem is abandonment, which can arise when a permanent resident spends long periods outside the United States or appears to have moved their life abroad. Trips of six months or more can raise questions, and absences of a year or longer generally require advance planning.

Steps that help preserve residence include keeping a U.S. home, filing U.S. tax returns as a resident, maintaining ties such as a job or bank accounts, and, for longer planned trips, applying for a reentry permit before leaving. People who must spend extended time abroad should discuss their plans before they travel rather than after a problem arises at the border.

Inadmissibility and Waivers

Even an applicant who fits a green card category can be found inadmissible, which means a legal ground that blocks approval. Common grounds include certain criminal history, prior immigration violations such as unlawful presence or misrepresentation, certain health-related issues, and public charge concerns.

Some grounds of inadmissibility can be overcome with a waiver, which asks the government to forgive a particular issue, often based on hardship to qualifying family members or other factors set by law. Waivers are fact-specific and are not guaranteed. An honest review of your history, including any arrests, prior filings, or past removal orders, is essential before applying, because the application itself asks about these matters under penalty of perjury.

Renewing or Replacing a Green Card with Form I-90

A standard green card is valid for ten years and must be renewed before it expires, even though the underlying permanent resident status does not expire with the card. Renewals and replacements are handled with Form I-90, Application to Replace Permanent Resident Card. The same form is used when a card is lost, stolen, damaged, or contains incorrect information, or when a holder has legally changed their name.

Renewing on time keeps proof of status current, which matters for work, travel, and other situations where the physical card is requested. Conditional residents do not use Form I-90 to extend a two-year card; instead they file I-751 or I-829 to remove conditions, as described above.

From Green Card to U.S. Citizenship

For many people, a green card is a step toward naturalization. After holding permanent residence for the required period, generally five years, or three years for certain spouses of U.S. citizens, and meeting requirements such as continuous residence, physical presence, good moral character, and an English and civics test, a permanent resident may apply for citizenship. Our citizenship and naturalization lawyer page explains the requirements and the application process.

Frequently Asked Questions

How long does it take to get a green card in Florida?

It depends heavily on the category and the applicant's situation. Immediate relatives of U.S. citizens often move faster than categories with annual visa limits, and employment and investor cases involve their own steps. Government processing times also change over time. We give a realistic estimate after reviewing your specific facts, and we do not promise a particular timeline.

Can I work and travel while my green card application is pending?

In many adjustment of status cases, applicants can request a work permit and a travel document while the case is pending. Traveling before the travel document is approved can create problems, so it is important to confirm your situation before leaving the country.

Does a criminal record stop me from getting a green card?

Not always, but it can. Some offenses make a person inadmissible, while others may be addressed through a waiver or do not bar the application at all. The details matter, including the exact charge, the disposition, and the date. Anyone with an arrest or conviction should have the record reviewed before filing.

What is the difference between a green card and citizenship?

A green card gives the right to live and work in the United States permanently, but the holder remains a citizen of another country and can lose status in certain situations. Citizenship is permanent, allows voting and a U.S. passport, and cannot be taken away through the immigration process in the way residence can.

Related Services

From this overview you can explore the path that fits your situation: family-based immigration, marriage green cards, employment-based immigration, EB-5 investor visas, asylum, adjustment of status, and citizenship and naturalization.

To talk through your green card options with the Law Offices of Albert Goodwin, PA, call 786-522-1411, email [email protected], or use our contact page. We serve clients in Coral Gables, throughout Florida, and across the United States and abroad.