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Search Results for: "Green Card".

Some Additional Requirements On Green Card Holders That Do Not Apply To Citizens.

January 26, 2016 by Thomas Geygan

GreenCard2Quite a few people are confused as to the differences in rights and responsibilities between U.S. citizens and Lawful Permanent Residents (LPRs). As a legal matter, LPRs, although allowed to stay and work in the United States permanently, are still ‘‘aliens’’ and subject to immigration law. Unlike United States citizens, below are some of the additional requirements on “Green Card” holders.
• The status of LPRs can be rescinded under section 246 of the INA (8 U.S.C. 1256) and LPRs can be removed from the United States under section 237 of the INA (8 U.S.C. 1227);
• LPRs are required to acquire and carry evidence of their status (Form I–551) and replace it when it is lost or expires under section 264 of the INA (8 U.S.C. 1304) and 8 CFR 264.5(b);
• LPRs must present specific documentation as a condition for admission and re-admission to the United States under section 211 of the INA (8 U.S.C. 1181) and 8 CFR 211.1(a);
• LPRs must notify DHS of each change of address and new address within ten days of the date of the change of address under section 265(a) of the INA (8 U.S.C. 1305(a)) and 8 CFR 265.1;
• LPRs may be deemed to have abandoned their status when outside of the United States for more than one year, unless they obtain a re-entry permit, in line with the documentary requirements at 8 CFR 211.1(a) and (b)(3); and
• LPRs must apply for naturalization to obtain citizenship, demonstrating good moral character and at least five years of continuous residence under section 316 of the INA (8 U.S.C. 1427), as well as an understanding of the English language and a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States under section 312 of the INA (8 U.S.C. 1423).

If you are interested in becoming a U.S. citizen we have created a new page with a short video, please click here.

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Filed Under: AOS Employment, AOS Family, AOS Marriage, Green Card, Green Card, N-400, Naturalization, Uncategorized

A short video on green card based upon marriage to a U.S. citizen

January 18, 2016 by Thomas Geygan

Green Card for an Immediate Relative of a U.S. Citizen
To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

For other qualified relatives that a U.S. citizen may petition for, see our Family Based Immigration Page.

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Green Card For Spouse page.

Filed Under: AOS Family

How U.S. Citizens Can Help Family Members Get Green Cards

May 9, 2013 by Thomas Geygan

Family

Family

If you are a U.S. citizen, you are allowed to bring members of your immediate family to live permanently in the United States. There are a number of steps to this process, but your family members do not have to wait for a visa number.

The following people are considered to be immediate family members:
•    Your husband or wife
•    Your children, if they are unmarried and under the age of 21
•    Your parents (as long as you are over 21)
If your family member is already in the United States

To be eligible for permanent residency, your family member must have entered the United States legally or been paroled into the United States. If your family member’s visa has expired or if he or she entered the country without documents, then you should speak with a lawyer before filing any immigration documents.

There are two main forms required to get a green card for an immediate family member:
•    Form I-485 is the application for a green card. The person who is applying for the green card fills this out, often with the help of a lawyer. The I-485 is a lengthy form that requires a number of supporting documents. To complete the entire application, the applicant will need to submit a birth certificate, photographs, a copy of the visa documenting that the person is in the United States legally, and a form from a doctor showing the results of a medical examination.There is also an extra Biographic Information Form that must be included in the application packet.
•    Form I-130 is the petition filed by you, the U.S. citizen, asking for your immediate family member to be granted a green card. This form must be submitted together with proof of your U.S. citizenship and proof of the family relationship between you and the person applying for the green card. These extra documents can be challenging to put together, and the immigration service will study them very carefully to make sure that the family relationship is legitimate. If you are petitioning for a green card for your husband or wife, there are many ways you can prove the marriage is real. These include birth certificates for any children you have or proof that you have lived together or shared a bank account. You can even include wedding photos and sworn statements by people who attended your wedding.
These two forms can be submitted at the same time, or the I-130 can be turned in first. Depending on which method you and your lawyer choose, certain requirements and extra forms may be involved.

After receiving the I-485, the immigration service will contact the green card applicant and ask for fingerprints. The fingerprint information must be sent in before the I-485 will be processed. In-person interviews of both the applicant and the U.S. citizen sponsor are also required.

If your family member is not yet in the United States

If your family member is not yet in the United States, the procedure for getting a green card is slightly different. If you are in the United States, you will first have to file Form I-130 with the U.S. Citizenship and Immigration Services. If you are not in the United States, you and your family member must file all paperwork with your local consulate.
Come in for a free consultation
Working with the immigration service is never simple, and we’d be happy to help you get green cards for your family members. Fill out the form below or give us a call to learn more.

Please look at what our clients say about our immigration services Click Here!

Filed Under: Family based Immigration, Green Card, Immigration, Uncategorized

What travel documents and identification are required for a foreign national or green card holder to enter the U.S.?

April 28, 2010 by Thomas Geygan

(From CBP)
ALL persons* traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda are required to present a valid passport or Air NEXUS card.

Oral declarations are no longer accepted from U.S., Canadian or Bermudian travelers seeking to enter the U.S. by sea and/or land.

June 1, 2009 – ALL persons* (LPR exceptions below) traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), will be required to present a valid passport, U.S. passport card, trusted traveler program card (NEXUS, SENTRI or FAST card ) or an Enhanced Driver’s License currently issued only in Washington State, Michigan, New York, and Vermont.

*Lawful permanent residents (LPRs), refugees, and asylees (of the United States) will continue to be able to use their Alien Registration Card (Form I-551), issued by the Department of Homeland Security (DHS), or the Travel Document issued to those with refugee or asylee status to apply for entry to the United States.  LPR’s may still need to present a passport for entry into a foreign destination.  For this reason airlines may deny boarding to LPR’s traveling without a passport.  NOTE:  You may want to contact the airlines prior to traveling to confirm their documentation requirements.
A foreign national or alien entering the U.S. is generally required to present a passport and valid visa issued by a U.S. Consular Official, unless they are a citizen of a country eligible for the Visa Waiver Program, or are a lawful permanent resident of the U.S. or a citizen of Canada. The Visa Waiver Program allows foreign nationals from certain countries to be admitted to the U.S. under limited conditions and for a limited time without obtaining a visa. The foreign national must arrive on an approved carrier (if coming by air or sea), staying no more than 90 days, for pleasure/medical purposes, and be able to prove they are not inadmissible. The foreign national is still required to have a passport. To obtain a list of countries eligible for the Visa Waiver Program, please reference the Department of State Web site.

Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card (“Green Card”, INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel within the Western Hemisphere, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)

Foreign nationals that have applied for permanent residency or a change of status may need to be approved for advance parole in order to be readmitted to the U.S. after traveling abroad.

Canadians coming as a Treaty Trader, classification E are required to have a visa to enter the U.S.

A visa and passport are not required of a Mexican national who is in possession of a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, containing a machine-readable biometric identifier, issued by the Department of State and is applying for admission as a temporary visitor for business or pleasure from contiguous territory by land or sea.

Continuing students who are going to travel outside of the United States must see their foreign student advisor and obtain an endorsement from the DSO or RO. The endorsement will be made on page 3 of the SEVIS Form I-20 or page 1 of the DS-2019. When returning to the United States, a continuing student/exchange visitor must present a valid SEVIS Form I-20 or DS-2019 with the DSO or RO signature showing that the student is active and in good standing with the school or program.

If you are traveling with children, you should also see our Q&A titled: Traveling with children, documents, paperwork, and identification. For more information on how to obtain a nonimmigrant visa, contact the Department of State.  Be aware, the Department of State can authorize travel to the U.S., however, a visa does not guarantee that you will be allowed to enter the U.S. CBP has the authority to grant or deny your admission to the United States. U.S. Citizenship and Immigration Services determine how long you may stay in the United States and whether or not you may extend your stay. You may contact them at 1-800-375-5283.

Filed Under: Employment, Employment Visas, Family based Immigration, Family Visas, Green Card, Green Card, Green Card, Immigration, Investor Visas, Treaty Investors

USCIS to Replace Sticker That Extends Validity of Green Cards

January 13, 2021 by Thomas Geygan

Starting in January, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for Form I-90.
When presented together with the Green Card, the revised Form I-797 notice will extend the Green Card’s validity for 12 months from the date on the front of the Green Card and will serve as temporary proof of the LPR’s status. This change ensures that LPRs with a recently expired Green Card will have documentation of identity, employment authorization, and authorization to return to the United States following temporary foreign travel.
Form I-90 applicants who have not been issued a notice for a biometrics appointment and are in possession of their Green Card, will no longer have to visit an application support center to obtain temporary evidence of LPR status. Applicants who have already been scheduled for a biometrics appointment will not receive a revised notice and will be issued an extension sticker at their biometrics appointment.
Starting in January, applicants who file Form I-90 to replace an expiring Green Card will receive the revised receipt notice in the mail approximately 7-10 days after USCIS accepts their application. This notice will be printed on secure paper and will serve as evidence of identity and employment authorization when presented with an expired Green Card.

If you would like to meet with me to renew your green card please click here for a video meeting or click here to meet with me in person.

Filed Under: Uncategorized

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