Us Immigration

Written by Abby Luttrell
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One problem in attempting to get a green card for a family member without the help of a U.S. immigration attorney is falling into the unforeseen pitfalls of the complicated green card process. One such pitfall is that your family member may be in an oversubscribed category. Only a professional who is fully versed in U.S. immigration and naturalization will be able to find a way out of the maze of restrictions governing the issuance of green cards.

What Is An Oversubscribed Category?

That's when the number of applicants exceeds the number of visas available under a particular category. As a result, the applications will be processed in the order in which they were received. The filing date of the petition is called the "priority date."

A visa will not be issued until the priority date has been reached, and sometimes this process lasts years. If your family member is caught up in this backlog of visas, it could take as long as 10 years for them to get their green card. During this time, they will be in an official limbo of the U.S. immigration service, waiting for permanent resident status but technically not able to live or work in the United States.

The best way to avoid this situation is to consult U.S. immigration lawyers, who can give the best advice about avoiding the oversubscribed categories. Other ways of getting a green card may be available, such as through employment, lottery or even asylum. Certain employers can streamline the green card approval process, and your U.S. immigration lawyer may be able to provide a referral to such an employer.


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