Green Card Attorney Indianapolis

A green card grants permanent resident status — the legal right to live and work permanently in the United States. Permanent residents can pursue employment, start businesses, own property, sponsor family members, and apply for U.S. citizenship. In Indianapolis, we help clients navigate the multiple pathways to permanent residency: family-based sponsorship, employment-based sponsorship, diversity visa lottery, adjustment of status, consular processing, and the requirements that maintain green card status once obtained.

Obtaining a green card is often the culmination of years of work — months or years waiting for visa availability, completing medical exams and background checks, and gathering extensive documentation. But receiving the green card is not the finish line; it’s the beginning of maintaining permanent resident status through careful attention to residency requirements, tax obligations, and the rules that can result in losing the green card.

Griffith Xidias Law Group advises clients on all pathways to permanent residency and helps them understand what maintaining a green card requires. From the adjustment of status interview to the timing of overseas travel to the implications of long-term care or returning to your home country, we ensure your permanent resident status is secured and protected.

Pathways to Permanent Residency

Family-Based Green Cards

U.S. citizens can petition for spouses, children, and parents without waiting periods. They can also petition for married adult children and siblings, though these categories have annual caps and may involve years of waiting. Permanent residents can petition for spouses and unmarried children. Family-based petitions begin with Form I-130, and once approved, the beneficiary completes adjustment of status or consular processing to obtain the green card.

Employment-Based Green Cards

Employment-based green cards are available across five categories (EB-1 through EB-5) based on occupation, education, investment, and special characteristics. The most common are EB-3 (skilled workers) and EB-2 (advanced degree holders), both requiring PERM labor certification. EB-1 includes managers, executives, researchers, and individuals with extraordinary ability. EB-5 requires a capital investment of $1 million (or $500,000 in targeted employment areas). Employment-based cases typically require 1–5 years from petition to approval.

Diversity Visa Lottery

The Diversity Immigrant Visa Program allocates 50,000 green cards annually to individuals from countries with low immigration rates to the U.S. Applicants must have a high school diploma or equivalent or two years of work experience in occupations requiring two years of training. The lottery is free to enter and conducted each year, but selection odds are low (roughly 1 in 25 among applicants, though this varies by country). If selected, applicants must complete medical exams, background checks, and consular processing.

Other Pathways

Refugees and asylees can adjust status to permanent residents one year after arrival. Special immigrant categories exist for religious workers, Iraqi and Afghan interpreters, and abuse victims. Each pathway has distinct requirements and timelines. We advise on which pathway applies to your situation.

Adjustment of Status vs. Consular Processing

Adjustment of Status

Adjustment of status (Form I-485) allows individuals who are already in the United States and who have been properly admitted and inspected at the border to apply for a green card without returning to their home country. Applicants must attend a medical exam, interview with USCIS, and await approval. If a visa is immediately available (no waiting period), adjustment can often proceed while you work and live in the U.S. Adjustment processing typically takes 9–48 months on average, though times vary significantly by case type and USCIS office.

Consular Processing

Consular processing is used when the beneficiary is outside the U.S. or has not been properly admitted and inspected at the border, and applies for permanent residency through a U.S. consulate or embassy. The applicant completes medical exams, criminal background checks, and an interview at the consulate. Once approved, they receive an immigrant visa and can enter the U.S. as a permanent resident. Consular processing typically takes 3–12 months on average once a visa is available, but wait times vary significantly by country and visa category.

Maintaining Green Card Status

A green card grants permanent resident status, but maintaining that status requires attention to several requirements.

Residency Requirements

Permanent residents must maintain a primary residence in the U.S. Taking a job abroad, relocating to another country, or spending extended periods outside the U.S. can jeopardize green card status. The general rule is that absence exceeding one year is presumed to abandon resident status unless the individual files a Form I-131 (Application for Travel Document) before departing. Absences of 6–11 months create a rebuttable presumption of abandonment. We advise on how to safely travel internationally and maintain green card status.

Tax Obligations

Permanent residents are U.S. tax residents and must file U.S. income tax returns reporting worldwide income, even if they are living abroad. Failing to file tax returns is one of the most common grounds for removal of a permanent resident. We coordinate with tax professionals to ensure tax obligations are met.

Criminal Convictions

Criminal convictions in certain categories make a permanent resident deportable. Crimes of moral turpitude, drug crimes, and crimes of violence all carry potential immigration consequences. Permanent residents should consult an immigration attorney before pleading guilty to any criminal charges.

Fraud and Misrepresentation

If the green card was obtained by misrepresentation or fraud — including false information in the application — the green card can be revoked and the individual removed from the U.S.

Conditional Residency and Removal of Conditions

Spouses of U.S. citizens receive conditional permanent residence (valid for two years) if the marriage has been less than two years at the time the green card is filed or granted. Conditional residents must file a joint petition with their spouse to remove conditions (Form I-751) within 90 days before the green card expires. If conditions are not removed, the green card expires and the individual’s status is lost.

Other conditional residents include investors (EB-5) and certain special immigrants. Each conditional category has specific filing requirements and deadlines.

Frequently Asked Questions

How long does it take to get a green card?

Green card processing times vary dramatically by category. Family-based cases with immediate relatives typically take 12–24 months on average. Employment-based cases often take 1–5 years. Diversity visa cases take about 6–9 months after selection. Cases with visa availability delays (preference categories, certain countries) can take 5–10+ years before the visa is available.

Can I travel internationally while my green card application is pending?

Travel while a green card application is pending (adjustment of status) can result in loss of eligibility to adjust. Once you have an approved I-140 (employment-based) or priority date (family-based), you may apply for an Advance Parole document (Form I-131) to allow safe international travel without abandoning your application.

What happens if I don’t file to remove conditions on my conditional green card?

If conditions are not removed by filing Form I-751 within 90 days before expiration, your conditional green card expires and you lose permanent resident status. This can trigger removal proceedings. Filing to remove conditions is essential and time-sensitive.

What travel restrictions apply to permanent residents with a green card?

Permanent residents can generally travel internationally, but absences exceeding one year create a presumption that you have abandoned your green card status. Absences of 6–11 months raise a rebuttable presumption. File Form I-131 (Travel Document/Advance Parole) before departing if you will be abroad for an extended period.

Secure Your Path to Permanent Residency

Becoming a permanent resident represents a major milestone in your immigration journey. The process involves careful coordination of timelines, documentation, interviews, and compliance with complex regulations. At Griffith Xidias Law Group, we guide you through every step, answer your questions, and ensure your green card application is positioned for success.

Schedule a free consultation with Griffith Xidias Law Group. We’ll discuss your pathway options, explain what to expect, and outline realistic timelines and costs.

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