Green Card Lawyer in Miami

A green card grants lawful permanent residence in the United States. Godoy Law P.A. helps Miami clients obtain green cards through marriage, family petitions, employment, asylum, refugee status, and VAWA. We handle adjustment of status, consular processing, removal of conditions, and green card renewals and replacements.

Paths to a Green Card

There is no single green card application. The form and process depend on how you qualify. The major paths we handle:

Family-Based Green Cards

The most common path for our clients. A U.S. citizen or lawful permanent resident files an I-130 petition for an eligible relative. Once the petition is approved and a visa is available, the relative applies for the green card through adjustment of status (if in the U.S.) or consular processing (if abroad).

Marriage-Based Green Cards

A subset of family-based cases that deserves special attention because of how heavily USCIS scrutinizes them. Marriage cases require proof that the relationship is real. Filing without that proof in order is how denials and Notices of Intent to Deny happen. We help clients build the evidentiary record before the petition goes in.

Employment-Based Green Cards

Five preference categories, EB-1 through EB-5. EB-1 covers extraordinary ability, outstanding researchers, and multinational managers. EB-2 and EB-3 cover most professional workers, usually requiring a labor certification (PERM) from the Department of Labor. EB-5 is the investor green card. We handle the full process from PERM through I-140 petition through adjustment or consular processing.

Green Cards Through Asylum or Refugee Status

Asylees and refugees can apply for a green card one year after being granted protection. We handle the I-485 application and any associated waivers or evidence issues.

VAWA Self-Petitioners

Spouses, children, and parents who have been abused by a U.S. citizen or lawful permanent resident family member can self-petition for a green card under VAWA without the abuser’s knowledge or participation. We handle VAWA petitions confidentially and with security protocols appropriate to abuse cases.

Diversity Visa Lottery Winners

If you are a DV lottery winner, the timeline to act is short. The lottery year ends September 30, and you must complete the case before then. We handle DV lottery adjustments and consular processing on expedited timelines.

Adjustment of Status (Form I-485)

If you are inside the U.S. and eligible to adjust status, the I-485 is the application that converts your case into a green card. The process typically includes:

Filing the I-485 along with supporting forms (I-130 if not already approved, I-693 medical exam, I-864 affidavit of support, I-765 work permit, I-131 travel permit)
Receiving a receipt notice and biometrics appointment
Attending the biometrics appointment at a USCIS Application Support Center
Receiving the work permit and travel permit (typically 5-9 months after filing)
Attending the green card interview at the Miami Field Office
Receiving the green card approval or, if issues arise, a Request for Evidence or Notice of Intent to Deny

Conditional Green Cards and Removal of Conditions

If you received a green card based on a marriage that was less than two years old at the time of approval, you got a two-year conditional green card. You must file Form I-751 to remove the conditions in the 90 days before the conditional card expires. Failure to file results in loss of status and possible removal proceedings. We file I-751 jointly with the spouse where possible. If the marriage has ended in divorce, the U.S. citizen spouse is abusive, or the conditional resident would face extreme hardship if removed, we file I-751 with a waiver of the joint filing requirement.

Green Card Renewals and Replacements

Lawful permanent residents must renew the green card (Form I-90) every ten years. We handle renewals, replacements for lost or stolen cards, and corrections to cards with incorrect information. We also handle cases where USCIS has not issued the new card despite a timely application.

Common Problems That Block Green Cards

Inadmissibility Grounds

Even with an approved petition, certain factors can block a green card: criminal history, prior immigration violations, health-related grounds, public charge concerns, and misrepresentation. Many are waivable. Some are not. We review every potential ground before filing.

Failure to Maintain Status

Adjustment of status generally requires that the applicant maintained lawful status from entry. Immediate relatives of U.S. citizens are exempt. Other applicants who let status lapse may need 245(i) eligibility or a different path entirely.

Affidavit of Support Issues

The I-864 affidavit of support requires the petitioner to meet income thresholds based on household size. If the petitioner does not meet the threshold, a joint sponsor may be required. We help clients identify viable joint sponsors and prepare the I-864 correctly the first time.

After You Get the Green Card

A green card is not the end of the process. To maintain it, you generally must:

Reside in the U.S. and avoid extended absences (more than six months can trigger continuous residence questions; more than a year typically abandons status without a reentry permit)
Avoid certain criminal convictions, which can trigger removal proceedings even years after the green card was issued
File federal tax returns as a U.S. resident
Renew the card every ten years

When you are eligible, naturalization is the next step. See:

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense, asylum, and Temporary Protected Status cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

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FAQ

Frequently Asked Questions

How long does a green card last?

A ten-year green card is valid for ten years from the date it was issued. You must apply to renew it (Form I-90) approximately six months before it expires. The green card itself expires, but your lawful permanent resident status does not. Letting the card expire does not strip you of status, but it creates work authorization and travel problems until the card is renewed.

Can I lose my green card?

Yes. Common ways to lose lawful permanent resident status include extended absences from the U.S. (especially over one year without a reentry permit), criminal convictions that make you removable, fraud or misrepresentation, abandonment, and willful failure to file tax returns. Some grounds are waivable; some are not.

How long after I get my green card can I apply for citizenship?

In most cases, five years after the date your green card was issued. If you got your green card through marriage to a U.S. citizen and are still married to and living with that U.S. citizen, the wait is three years. There are also exceptions for military service. The five-year (or three-year) clock starts on the day your green card was issued, not the day you got the physical card.

What if my green card application is denied?

Options after a denial depend on the basis. We may file a motion to reopen or reconsider, appeal to the AAO, request a stand-alone waiver, refile with stronger evidence, or pursue a different path entirely. Some denials trigger placement in removal proceedings. Schedule a consultation immediately if you have received a denial.

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

Yes, but only if you have the right documents. The I-765 work permit (EAD) and I-131 travel permit (advance parole) are filed alongside or after the I-485. Once approved, they let you work and travel while the green card is pending. Travel without advance parole during a pending I-485 abandons the application in most cases. Do not travel internationally on a pending green card without confirming you have the right document.

Talk to a Miami Immigration Lawyer Today

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