At the Law Office of Charles Dawkins Jr. LLC our immigration lawyer near Irvington NJ will query whether the Applicant qualifies to obtain a Permanent Resident or Green card and if the Applicant qualifies for a Permanent Residence or Green Card the Law Office of Charles Dawkins Jr., Esq. will guide the Applicant through filing Permanent Resident and Green Card in Irvington, NJ. Contact the Law Office of Charles Dawkins Jr at (908) 962-9929 to schedule a Consultation and learn more about how our immigration attorney will help you or a loved one obtain a green card to stay, live, study, and work in the United States.
Applying for a Permanent Residence or Green Card is a difficult tasks that will take many hours of preparing forms and obtaining the correct documents. The U.S. Citizenship and Immigration Services (USCIS) will require many Supporting documents to verify parts of your application. All the while, the rules and policies are subject to change, and the respective document filing forms change periodically.
The Irvington, NJ. resident can certainly file the requisite Permanent Resident and Green Card documents with the assistance of USCIS online information, but residents of Irvington, NJ.may prefer to hire an Immigration Attorney such as the Law Office of Charles Dawkins Jr., LLC to complete the requisite forms to assure that the forms are completed correctly and to have the Immigration Attorney present at any USCIS Hearings.
What Are Permanent Residence Visas and Green Cards?
A permanent resident card, or green card, authorizes noncitizens to live and work on a permanent basis in the United States. Green card holders have a clear path to naturalization after fulfilling time requirements and they must not abandon their Permanent Residence by visiting or living outside the United States for a long period of time. Permanent resident cards are often referred to as permanent visas, but this description is a bit misleading. Though permanent resident cards are technically a type of visa, they are not like other visas.
- A permanent resident card (green card) is a physical card that indicates you, as the holder, are a permanent resident of the United States and can lawfully work and travel anywhere in the United States.
- Other visas––like study and work visas––are obtained before a noncitizen travels to the United States and result in a stamp in the individual's passport. Those visas carry restrictions, too, depending on the type of visa. A study visa may not allow you to work without proper authorization, and a work visa---Employment Authorization Document (EAD)--- may not let you switch jobs without proper authorization.
To obtain a green card, the first step is to confirm you are eligible. The second step is to complete and file Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS). The noncitizen who seeks permanent residency is considered the Applicant on Form I-485, but that does not mean the Applicant files the form. It could be a family or employer sponsor who files it. Much of it depends on your unique circumstances or situation.
Once filed, the USCIS will review the application and schedule an interview. If your application is approved, a green card will be issued.
The green card renewal process is an administrative process. Your permanent residency status continues even if you fail to timely renew. This right only ends when it is revoked. Reasons a person's permanent residency status may be revoked include but are not limited to the following.
- The permanent resident commits a crime.
- The permanent resident voluntarily abandons their permanent residence.
- The permanent resident becomes a citizen.
Thus, though the permanent residency grants you certain rights and privileges, it also requires that you comply with the laws of this country and the rules established by the USCIS and other governmental agencies.
Eligibility for Green Cards
A range of different pathways to permanent residency exists in the United States, and consistent among all these pathways is this: the applicant is in the United States at the time the I-485 is filed. There are, however, reasons why some noncitizens may not be able to file for a green card even though they are in the United States at the time of filing it. When the Applicant is within the United States it is often referred to as Adjustment of Status.
Certain family members of U.S. citizens and permanent residents can apply for a family-based visa, which includes:
- Immediate relatives of a U.S. citizen, like spouses, widows or widowers, unmarried children under 21, adopted children, and parents (immediate relative visas)
- Extended family members of a U.S. citizen, including unmarried children aged 21 or over, married children, and siblings (family preference visa)
- Immediate relatives of a U.S. permanent resident, including spouses and unmarried children (family preference visa)
Visa applications for immediate relatives of U.S. citizens are prioritized, and there's no limit to the number of visas issued each year in this category.
The number of family preference visas is capped each year, resulting in long wait lists. The immediate relative must fill out an I-130. The Immediate Relative who fills out the I-130 is referred to as the Petitioner. No application can be issued for Family based Immigratin without an I-130.
How Can I Prove That I Am An Immediate Relative of the Beneficiary?
The USCIS will want the Immediate Relative Petitioner to file an I-130 Petition with supporting documentary evidence of immediate relative status. The Permanent Resident Applicant must prove that the relationship is bonafide, and if the relationship is based on Marriage, the Petitioner and Applicant must prove to the satisfaction of USCIS that the marriage is not entered into for the purposes of obtaining Immigration Status. The Immigration Attorney is also ethically precluded from assisting people to fabricate relationships for the purpose of immigration. Some documents that will support Immediate relative status are the following documents:
- Passport photos
- Children's Birth Certificates
- Marriage Certificates
- Wedding Pictures
- Applicant's Birth Certificate
- Petitioner's Birth Certificate
- Divorce Certificates if Petitioner or Applicant have been married
- DNA sample is sometimes required for children
The Petitioner will also need to submit an I-864 Affidavit of Support which can be complicated, depending on the Petitioner's situation. The Law Office of Charles Dawkins Jr. recommends the Applicant and Petitioner seeks legal counsel in filing the requisite documents.
Several business visas allow noncitizens to immigrate to the United States permanently. These visas cover workers who are:
- Individuals with an extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professors or researchers
- Multinational managers or executives
- Professionals with an advanced degree or exceptional ability in the sciences, arts, or business
- Skilled workers, professionals, and unskilled workers
- Certain investors
To be eligible, a noncitizen typically requires a job offer from a U.S. employer. The U.S. employer, however, must first obtain permission from the Department of Labor to hire a foreign worker.
Refugee and Asylum Seekers
Green cards are also available to people seeking protection in the United States, including refugees (if outside of the United States) and asylees (if within the United States). Once a refugee or asylee has been in the United States for 12 months after being granted protection, they are eligible to apply for a green card.
Human Trafficking and Crime Victims
Victims of human trafficking who have a T nonimmigrant visa and victims of crime with a current U nonimmigrant visa are eligible to apply for a green card.
Victims of Abuse
Certain noncitizens who are victims of abuse in any of the following situations may have a pathway to permanent residency through different immigration programs.
- You are the abused spouse or an abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident.
- You are the abused parent of a U.S. citizen.
- You are a child, have Special Immigrant Juvenile (SIJ) status, and have been abused, abandoned, or neglected by your parent.
- You are the abused spouse or child of a Cuban native or citizen or a lawful permanent resident who received their green card based on the Haitian Refugee Immigrant Fairness Act (HRIFA).
Special Immigrant Visas
The special immigrant visa category is available to specific groups of noncitizens. For example, Afghani or Iraqi nationals who were employed by or worked for the U.S. Government can apply for a green card via a special immigrant visa.
Other Paths to Green Card Eligibility
There are quite a few other, smaller categories that allow certain individuals to apply for a green card. Each category, listed below, has its own eligibility criteria.
- Liberian Refugee Immigration Fairness (LRIF)
- Diversity Immigrant Visa Program
- Cuban Adjustment Act
- Haitian Refugee Immigrant Fairness Act
- Lautenberg Parolee
- Indochinese Parole Adjustment Act of 2000
- American Indian born in Canada
- Person born in the United States to a Foreign Diplomat
- Section 13 (Diplomat)
- Registry (for people who have resided continuously in the United States since before January 1, 1972)
Benefits of Permanent Residence Status in Irvington, NJ.
There are several benefits to permanent residence status. Below are the most sought-after benefits.
- Pathway to citizenship. Depending on the circumstances, holders can apply for citizenship three to five years after first receiving their green card.
- Family reunification. Green card holders can sponsor other noncitizen family members to the United States.
- Dual citizenship eligibility. A green card gives the holder permanent residency in the United States without requiring them to renounce citizenship of their native country.
- Legal protection. A green card ensures a holder is protected by U.S. laws.
- Eligibility for government benefits. Green card holders can apply for education assistance and may eventually become eligible for social security benefits.
- Protected immigration rights. A green card holder's permanent residency rights remain in place and cannot be canceled, even if immigration law later changes.
The Permanent resident Card may be taken and the Permanent end up in deportation proceedings if certain violations are committed by the Permanent Resident.
Can A Permanent Resident Lose Their Status As A Green Card Holder or Permanent Resident?
In certain circumstances, a green card can be revoked. Common situations initiating revocation include:
- Failing to file federal income taxes
- Convictions of certain criminal offenses
- Living outside of the United States for an extended period. This may be considered abandonment under INA § 101 (a)(13)(c)(ii) if the Permanent Resident has been absent from the United States for a continuous period of 180 days.
- Fraudulently applying for a visa
Permanent Residence or Green Card Holders have specific responsibilities. If a Green card holder fails to respect these responsibilities, they may jeopardize their permanent residence status.
What are Requests for Evidence from U.S.C.I.S.?
A request for evidence is issued when the U.S.C.I.S. Officer who is reviewing the application determines that more information is needed before making a decision. The Evidence requested will always be relevant to the specific Permanent Resident or Green Card Application. U.S.C.I.S. explains as Evidence that the requests for Evidence occur for the following reasons:
- Identify the eligibility requirement(s) that has not been established and why the evidence is insufficient
- Identify any missing evidence specifically required by the applicable statute, regulations, or form instructions
- Identify examples of other evidence that may be submitted to establish eligibility;
- and requests that evidence.
Requests for Evidence (RFE) are good and bad. The Requests for Evidence are good because the RFE gives the Attorney and Applicant guidance as to the documents necessary to complete the file. Bad in that the RFE holds up the application and if the Attorney or Applicant fails to timely respond the Application may be denied. RFEs' is one of the main reasons Applicants seek legal counsel so that hopefully all the requisite documents can be completed the first time. All Applicants want to become Permanent Residents or Green Card holders on the soonest possible date.
Why Should I Hire An Attorney For Permanent Resident Application
Many pathways to permanent residency exist. The key is making sure you identify and follow the correct path so that mistakes and RFEs do not delay the process. Our immigration lawyer near Irvington, NJ. can navigate the immigration system. We are proactive and thorough and offer comprehensive immigration services to our clients. Most importantly, an Attorney will be able to respond timely to Requests for Evidence, and appear with the client at any permanent resident Interview.
Contact the Law Office of Charles Dawkins Jr. LLC either by using the online form or by calling us at Phone Number (908) 962-9929. We will schedule a Consultation to help you identify your path to permanent residency in the United States.