Permanent Residency / Green Card

At Thompson Law Advocates located in Philadelphia and led by veteran immigration attorney Peter J. Thompson, we are dedicated to helping individuals and families achieve lawful permanent residency in the United States. Commonly referred to as a “green card,” permanent residency is one of the most critical steps toward building a secure and stable life in the U.S.

What Is Permanent Residency?

Lawful permanent residency allows a non-citizen to live and work indefinitely in the United States. Green card holders enjoy numerous rights and protections under U.S. law and may later become eligible to apply for U.S. citizenship.

Permanent residents are protected under the Immigration and Nationality Act (INA), specifically codified in Title 8 of the United States Code (8 U.S.C.). The key provisions that govern green card eligibility, application processes, and legal standards include:

• 8 U.S.C. § 1151 (INA § 201): Allocates immigrant visas across categories.
  
• 8 U.S.C. § 1153 (INA § 203): Details preference categories for family- and employment-based immigration.
  
• 8 U.S.C. § 1255 (INA § 245): Governs adjustment of status within the United States.
  
• 8 C.F.R. Part 245: Implements the statutory framework through federal regulations.

Types of Green Card Eligibility Categories

1. Family-Based Immigration (INA § 201(b) and § 203(a))

One of the most common paths to permanent residency is through a qualifying family relationship with a U.S. citizen or lawful permanent resident.

• Immediate relatives (unlimited visas):
  
  • Spouses of U.S. citizens
  • Unmarried children under 21 of U.S. citizens
  • Parents of U.S. citizens (if the citizen is at least 21)
    
• Family preference categories (subject to annual limits):
  
  • F1: Unmarried adult children of U.S. citizens
  • F2A/F2B: Spouses and children of lawful permanent residents
  • F3: Married children of U.S. citizens
  • F4: Siblings of U.S. citizens

Our firm assists in filing USCIS Form I-130 (Petition for Alien Relative) and, when applicable, USCIS Form I-485 (Adjustment of Status) or DS-260 for consular processing abroad.

2. Employment-Based Immigration (INA § 203(b))

Employment-based green cards are divided into five preference categories:

• EB-1: Priority workers (extraordinary ability, outstanding professors, multinational managers)
• EB-2: Professionals with advanced degrees or exceptional ability
• EB-3: Skilled workers, professionals, and other workers
• EB-4: Special immigrants (e.g., religious workers, Afghan/Iraqi translators)
• EB-5: Investors who invest at least $1.8 million (or $900,000 in targeted areas) and create jobs

Many employment-based paths require a PERM labor certification from the Department of Labor under 20 C.F.R. Part 656, unless exempt (e.g., EB-1A or National Interest Waiver).

We guide employers and foreign workers through complex filing processes, including USCIS Forms I-140 (Immigrant Petition for Alien Worker) and I-485.

3. Humanitarian-Based Green Cards

• Asylees and Refugees: Eligible for permanent residency after one year of lawful presence in the U.S. (8 U.S.C. § 1159).
  
• U Visa Holders: Victims of serious crimes who assist law enforcement may be eligible after three years (8 U.S.C. § 1255(m)).
  
• VAWA Applicants: Victims of domestic violence can self-petition for a green card under the Violence Against Women Act (8 U.S.C. § 1154).

Peter Thompson and his team are experienced in working with vulnerable populations, ensuring compassionate legal representation and meticulous application preparation.

4. Diversity Visa Lottery (INA § 203(c))

Each year, up to 55,000 green cards are issued to individuals from countries with low rates of immigration to the U.S. through the Diversity Immigrant Visa Program. Selection is random, but applicants must meet strict eligibility criteria, including education or work experience.

Adjustment of Status vs. Consular Processing

There are two primary procedural routes to obtain a green card:

Adjustment of Status (AOS)

If the applicant is physically present in the U.S. and meets eligibility criteria, they may file Form I-485 to adjust status under INA § 245. Requirements include:

• Lawful entry (with a visa or parole)
• Eligibility under a visa category
• No disqualifying criminal convictions or immigration violations

We help clients determine eligibility, prepare documentary evidence, attend USCIS interviews, and respond to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).

Consular Processing

If the applicant is outside the U.S., they must complete visa processing through a U.S. embassy or consulate. This includes filing the DS-260 online immigrant visa application and undergoing a medical exam and interview.

We work closely with clients abroad and their U.S.-based petitioners to ensure successful outcomes during consular interviews.

Bars to Adjustment and Inadmissibility (INA § 212 and § 245)

Applicants may be denied permanent residency due to “grounds of inadmissibility,” including:

• Health-related issues (e.g., communicable diseases)
• Criminal history (e.g., crimes involving moral turpitude or aggravated felonies)
• Immigration violations (e.g., unlawful presence, prior removal)

Our firm helps clients apply for available waivers, such as:

• I-601: Waiver of inadmissibility
• I-212: Permission to reapply after removal
• I-601A: Provisional unlawful presence waiver (for spouses/parents of U.S. citizens)

Removal Defense and Immigration Court Proceedings

Many individuals seek permanent residency while in removal (deportation) proceedings. Adjustment of status may still be available under INA § 245(i) or as a form of relief before an immigration judge.

Thompson Law Advocates represents clients in Immigration Court under the Executive Office for Immigration Review (EOIR), advocating for adjustment, cancellation of removal, and waivers. We submit motions, brief complex legal arguments, and defend clients through final hearings and appeals.

The Natural Next Step: Citizenship

After maintaining permanent resident status for five years (or three years if married to a U.S. citizen), individuals can apply for naturalization under INA § 316 or § 319.

Our services extend to helping green card holders prepare for the naturalization process, including Form N-400 applications, civics exam preparation, and resolving any potential obstacles.

Why Choose Thompson Law Advocates

Attorney Peter J. Thompson has dedicated his career to defending the rights of immigrants and non-citizens across Pennsylvania and beyond. Our firm’s approach is rooted in clarity, compassion, and deep knowledge of immigration statutes and policy.

Here’s what you can expect from our team:

• Statutory Mastery: We rely on the INA, Title 8, CFR regulations, and case law to construct strong, legally grounded applications.
  
• Crimmigration Experience: We understand how criminal convictions interact with immigration status and work with both defense counsel and clients to protect long-term status.
  
• Proactive Communication: We provide clear timelines, regular updates, and immediate support for all green card issues.

Schedule a Consultation

Whether you’re pursuing a family-based green card, seeking humanitarian protection, or adjusting status while in removal proceedings, Thompson Law Advocates is here to help. Our goal is to make your path to lawful permanent residency successful, efficient, and stress-free.