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Green card is a slang term for permanent residence status. A green card allows an to individual live and work in the United States permanently. The first step to obtaining permanent residency is filing a petition with the United States Citizenship and Immigration Service (USCIS). This petition can either be filed by an employer or a family member.
In order for a relative to sponsor you for permanent residency they must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation proving that status.
If the sponsor is a U.S. Citizen, they may petition for the following relatives:
• Husband or wife
• Unmarried child under 21 years of age
• Unmarried son or daughter over 21
• Married son or daughter of any age
• Brother or sister, if the sponsor is at least 21 years old, or
• Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the
following relatives:
• Husband or wife, or
• Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship. The sponsor will file an I-130 Petition for Alien Relative with USCIS. Once the I-130 application is approved by USCIS you must wait for an immigration visa number to become available before you can obtain your permanent residency. People who want to become permanent residents of the United States are placed into categories based on a preference system.
The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available.
The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
• First preference: Unmarried, adult sons and daughters of U.S.
citizens. Adult means 21 years of age or older.
• Second Preference: Spouses of lawful permanent residents, their
unmarried children (under twenty-one), and the unmarried sons
and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. Citizens.
• Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives the visa petition (Form I-130, Petition for Alien Relative) it will be approved or denied. USCIS notifies the person who filed the visa petition if the petition was approved. The Visa Bulletin is used to determine the availability of immigrant visa numbers. The date the I-130 was received by USCIS is known as the Priority Date. The dates in the Visa Bulletin refer to the Priority Date. The Visa Bulletin is updated monthly.
Interpreting and understanding your priority date, preference category and the Visa Bulletin can be difficult without the assistance of an experienced immigration attorney. Obtaining permanent residence in the United States is more than just filling out forms.
If you are living outside the United States or choose to obtain your visa outside the U.S., USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you when the visa petition is received and again when an immigrant visa number is available. You will be required to appear for an interview at the nearest U.S. Embassy or Consulate.
If you are living within the United States and choose to adjust status in the United States, once your petition has been approved and an immigrant visa number is available, you can apply for an I-485 Adjustment of status. USCIS will adjudicate your Form I-485. You and your petitioning relative will be required to appear for an interview at a local USCIS field office.
Every applicant for permanent residence, regardless of age, must undergo a medical examination. The examination must be conducted by a doctor designated to conduct USCIS medical exams.
All sponsors are also required to file an affidavit of support to show that their sponsor makes enough money to financially support them. The sponsor must provide proof of current employment or self employment and a photocopy of their completed Federal income tax return for the most recent tax year and W-2. The sponsor must meet the established income requirements based on the most recent poverty guidelines.
• USCIS 2009 Poverty Guidelines
The marriage interview is the most important step in obtaining permanent residency based on marriage. The reason for the interview is to determine whether the marriage is real and not just a means for obtaining a green card. The parties involved must convince the interviewed that the marriage is real. Lying at an immigration interview can result in criminal charges of perjury.
You will be required to provide documentation of the relationship. This documentation should convince the interviewer that you and your spouse live together and are truly married out of love. Such documentation should include;
• Photos
• Joint bank accounts
• Joint bills
• Joint credit cards
• Birth certificates of children born of the marriage
• Joint insurance
• Joint ownership/titles
• Affidavits from family and friends attesting to the validity of your marriage
• Mortgage or lease in both spouses names
You should also be prepared to answer private and personal questions about your relationship. The interviewer will not only evaluate your answers but also your demeanor and body language. In certain cases, couple are separated and interviewed individually to see if their answers will match. The experienced immigration attorneys at Brabazon Law Office can help you prepare for the interview.
Couples in relationships that may be viewed as non-traditional should consult an attorney at Brabazon Law Office for assistance in how to deal with these circumstances and avoid a denial of the application. Examples of non-traditional marriages include;
• Spouses are living in different cities due to job or schooling
• Language barriers
• Cultural differences
• Significant differences in age
• Either spouse previously filed an application with USCIS on
behalf of a different spouse
• Either spouse has criminal convictions or an arrest record
If a person is granted permanent residence based on marriage to a U.S. citizen and the couple has been married less than two years the person will receive conditional residence status. Conditional residence means that the person will receive a green card that is valid for two years. A conditional resident has the same rights and responsibilities as any other permanent resident. At the end of two years the conditional resident and their U.S. citizen spouse must file Form I-751 to remove the conditional resident status and receive permanent resident status. Additional documentation proving the continuing validity of the marriage will be required. Sometimes a second interview is also required. It is important to consult an experienced immigration attorney to ensure the successful filing of your Form I-751.
If you have divorced or separated in the two years since obtaining your conditional residence status you are at risk of losing residence status in the United States and being required to leave the United States. It is necessary that you consult an immigration attorney at Brabazon Law Office, LLC if you and your spouse are divorced or separated before filing Form I-751.
The Violence Against Women Act (VAWA) allows a spouse (and his or her children) to apply for permanent residency if he or she is the victim of domestic violence. The abuser must be a U.S. citizen or lawful permanent resident.
The following groups of individuals are eligible to apply for green cards under VAWA:
• A battered spouse (and his or her children under age 21)
married to a lawful permanent resident or a U.S. citizen. Under
certain circumstances a battered spouse can still apply if the
marriage was terminated by the abusive spouse’s death or divorce.
• Parent of a child who has been abused by a U.S. citizen or
permanent resident spouse
• Children who were victims of abuse by their U.S. citizen or
lawful permanent resident parent
To apply for permanent residency through VAWA you must file Form I-360 with USCIS. It is necessary to document the abuse you or your child has suffered. It is important to consult with an immigration attorney to determine the type and amount of evidence necessary to support your application.
Applying for permanent residence based on employment involves a number of steps. A job offer is required in most cases and the employer will need to be an active participant in the application process.
There are three categories of employment based immigrants;
1: Priority Workers (EB-1)
Under most circumstances the employer will file a Form I-140 Immigrant Petition for Alien Worker with USCIS. If the employee meets all of the eligibility requirements USCIS will approve the petition. The employee will then be able to apply at a U.S. consulate for his or her green card. In some situations the employee will be able to apply for adjustment of status and receive her or her green card at a local USCIS office in the United States. An employee is eligible to apply for a green card when the visa bulletin reflects that a visa is available.
2: Professionals with advanced degrees or persons with
exceptional ability (EB-2)
Under this category the employer must first obtain a labor certification from the U.S. Department of Labor (DOL) in order to show that there are no qualified, willing and able U.S. workers available to fill the position. Then the employer will file the I-140 Petition for Alien Worker. After the I-140 is approved the employee will apply to the U.S. consulate or USCIS for his or her green card. An employee is eligible to apply for a green card when the visa bulletin reflects that a visa is available.
3: Other, Skilled or Professional Workers (EB-3)
The process under this category is the same as the process under the EB-2 category.
After receiving a labor certification from the U.S. Department of Labor (DOL) your employer will file Form I-140 Petition for Alien Worker with USCIS. Much like a family-based visa application, you will not be able to file for permanent residency until a visa number becomes available.
The Legal Immigration Family Equity Act (LIFE) was signed into law on December 21, 2000. The LIFE Act made the following major impacts on immigration law in the United States;
1. Temporarily restored benefits under section 245(i)
2. Created the V Visa
3. Expanded the K Visa
In the past, individuals who entered the United States illegally (without inspection) or violated the terms of the non-immigrant status (such as overstaying a visa) were not allowed to file an adjustment of status application in the United States. These individuals were required to return to their home countries to obtain their permanent residence. Many of these individuals were subject to 3, 5, or 10 years bars to returning to the United States due to the fact that they had been illegally residing in the United States.
Section 245(i), first enacted in 1994, allowed these individuals to apply for adjustment of status in the United States so long as they were beneficiaries of immigration petitions or labor certification applications filed by January 14, 1998. The LIFE Act amended Section 245(i) by extending the deadline to April 30, 2001.
To be eligible for benefits under 245(i) you must be able to provide evidence of the following criteria and pay a $1,000 penalty fee;
• Physical presence in the United States on December 21, 2000
• An immigration petition or a labor certificate application filed
on or before
April 30, 2001 that was approvable at the time of filing
To determine whether or not you could benefit from 245(i) or another benefit of the LIFE Act it is important that you contact an experinced immigration attorney.
The V visa is available to spouses and children of permanent residence whose applications for permanent residence have been pending for at least three years. An individual with a V Visa is eligible to obtain employment authorization in the United States and is eligible to adjust status in the United States. It is important to contact an immigration attorney to find out if you qualify for a V Visa.
A K visa typically refers to a visa for a fiancé of a United States citizen. The K visa is now expanded to allow spouses and minor children of U.S. citizens, who are waiting abroad for approval of an immigration visa petition, to enter the U.S.
Denials
The most common reasons people are denied green cards are as follows;
1: Criminal Convictions, Specifically Drug-Related Criminal Conviction
Drug traffickers, drug addicts and drug abusers will be denied a green card. It is wise to always be honest about issues such as drug use even though it may have a negative impact on your application. Lying on your immigration documents can lead to removal. A finding of drug abuse or drug addiction can be waived if you can prove that you have been rehabilitated or have participated in a rehabilitation program
Certain crimes will lead to automatic denial of a green card. Crimes like murder or other aggravated felonies are reasons for denial. Immigration official are also allowed to deny a green card to anyone who might pose a security risk. It is up to immigration officials to define that subjective ground for denial.
2: Health-Related Grounds
Individuals with certain communicable diseases (i.e. tuberculosis, HIV) , physical or mental illnesses which threaten the health and welfare of others and individuals who have not had required vaccinations will all be denied green cards.
3: Economic Grounds
A family sponsor is required to file an affidavit of support stating the family will be financially responsible for the applicant before the application may be approved. If the sponsor does not meet the income requirements and a co-sponsor is unavailable the applicant will be denied a green card.
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