Florida Board Certified in Immigration & Nationality Law (Florida Bar Member #7439). Lawful permanent residence — the green card — is the goal of most U.S. immigration cases. We have managed every category of green card since 1996, from marriage and parent petitions to EB-2 NIW self-petitions and EB-5 investor visas.
The main paths to a green card
Family-based
The largest category. Spouses, parents, and unmarried children under 21 of U.S. citizens are immediate relatives with no annual cap; siblings, married children, and family of LPRs are subject to multi-year waits in family preference categories. More about family-based.
Employment-based
- EB-1A — extraordinary ability (self-petition).
- EB-1B — outstanding researcher/professor.
- EB-1C — multinational manager/executive (no PERM).
- EB-2 — advanced-degree professionals or exceptional ability. PERM-required unless qualifying for the National Interest Waiver (EB-2 NIW).
- EB-3 — skilled workers, professionals, other workers. PERM required.
- EB-4 — special immigrants: religious workers, juvenile court dependents (SIJ), some military, and others.
- EB-5 — investor (regional center or direct investment).
Refugee / Asylee
Asylees can apply for adjustment of status to LPR after 1 year of continuous physical presence. Refugees follow a similar path. More about asylum.
Diversity Visa lottery
An annual lottery (DV-2026, DV-2027, etc.) administered by the State Department. Roughly 50,000 visas are issued annually to applicants from countries with low U.S. immigration rates. Selection is random; we assist with consular processing once selected.
Special programs
- U-visa to green card — crime victims who have held U status for 3+ years.
- T-visa to green card — trafficking victims.
- VAWA — abused spouses, parents, and children of U.S. citizens or LPRs.
- SIJ — Special Immigrant Juveniles.
- Cuban Adjustment Act — Cuban nationals after 1 year and 1 day of physical presence.
- NACARA, HRIFA — country-specific programs for Central American and Haitian nationals.
- Registry — for those continuously present since before January 1, 1972.
Adjustment of status vs. consular processing
Most green card cases end with one of two procedural choices:
- Adjustment of status (Form I-485) — for applicants in the U.S. with lawful entry. Stay in the U.S. throughout. Eligibility for EAD and Advance Parole during the wait.
- Consular processing — for applicants abroad (or those who must depart, often after an unlawful-presence waiver). Final interview at a U.S. consulate; immigrant visa issued; entry on the visa is the LPR admission.
After the green card
LPRs can travel internationally (with limits — extended absences abroad can break continuous residence and abandon LPR status), petition for family members, and after 5 years (or 3 with marriage to a U.S. citizen) become eligible for naturalization. We advise on travel, re-entry, abandonment risks, and the path to citizenship.
Talk to a Florida Board Certified Immigration Attorney
Free 30-minute consultation. No obligation. Confidential. Available in English or Spanish. Serving all of Central Florida from our Orlando office since 1996.
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How long does an employment-based green card take?
It depends heavily on category and country of birth. EB-1 cases (no PERM) for current-priority countries can finish in 12–18 months. EB-2 PERM for most countries runs 2–3 years. EB-2 and EB-3 for India and China face decades-long backlogs due to per-country caps. The State Department Visa Bulletin tracks current dates.
My I-485 has been pending — when can I get a work permit?
EAD applications filed concurrently with I-485 are typically issued in 4–8 months. The EAD lets you work for any employer (not just the sponsor) while the green card is pending — a critical AC21 portability flexibility for EB-2 and EB-3 applicants stuck in priority-date backlogs.
What does "priority date" mean?
Your priority date is the date USCIS or DOL accepts the underlying petition. It places you in the queue for an immigrant visa in your category and country of birth. The State Department Visa Bulletin lists "current" priority dates each month — when your priority date is current, an immigrant visa is available.
Can I keep my job mobility while waiting for a green card?
Yes, via AC21 portability. Once your I-485 has been pending for 180+ days and your I-140 is approved, you can change to a new job in the same or similar occupational classification without losing the green card case. The original I-140 remains valid; no new PERM is required.
I am abroad and just selected in the Diversity Lottery — what now?
You have a limited window to file the DS-260 immigrant visa application and supporting documents through the Kentucky Consular Center. Selection does not guarantee a visa — only entry to the queue. We help you complete the paperwork on time and prepare for the consular interview.
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