Permanent Resident Green Card
Securing a Lawful Permanent Resident(LPR) Card is an essential step towards planting your roots in the U.S. At Al-khersan Law, we understand the significant impact this can have on individuals and families. Our dedicated team simplifies the process, offering tailored solutions that prioritize your aspirations. With a client-first approach, we ensure that every detail is transparent, making your journey to residency straightforward and understandable. Let us be your trusted guide on this important path.
Benefits of a Green Card
Permanent residents enjoy the privilege to live and work permanently in the United States. With permanent residence status, you can also progress toward U.S. citizenship after meeting certain residency criteria.
Pathways to Permanent Residency
Several avenues lead to obtaining permanent resident status. Some of the primary routes include:
Family sponsorship: Through a relative who’s a U.S. citizen or lawful permanent resident.
Employment sponsorship: Secured through a job offer from a U.S. employer.
Refugee or asylee status: Granted on humanitarian grounds.
U visa: Awarded to victims of specific crimes in the U.S.
Abuse Victims through VAWA: Those who have been abused by a U.S. citizen or permanent resident immediate relative can pursue residency without needing the involvement of their abuser, thanks to the protections of the Violence Against Women Act (VAWA).
When applying from Outside the U.S.
If you’re located outside the United States, you might qualify for one of several immigrant visa categories. After arriving in the U.S. using a qualifying immigrant visa, you’ll be issued your green card.
Eligibility Criteria if You Are…
Already in the U.S.
To transition to Permanent Resident status from within the U.S., several criteria must be met:
- Lawful entry into the U.S., with certain exceptions.
- Absence of convictions for specific types of crimes. It’s vital to thoroughly review any past encounters with law enforcement, immigration officials, or courts as these can influence eligibility.
- Potential requirement for waivers due to certain past incidents or convictions.
Related to Somebody Already in the U.S.
You might be eligible for permanent residency through a family relationship if you’re related to a U.S. citizen or permanent resident as:
- A spouse
- A child
- A parent (with the U.S. citizen being 21 or older)
- A sibling (with the U.S. citizen being 21 or older)
Furthermore, if you’re the spouse or child of an eligible person, you might also qualify for permanent residence.
Recognized Marriages
In most cases, U.S. immigration officials recognize marriages legally celebrated where they took place. This includes same-sex marriages. However, marriages involving multiple simultaneous partners are not recognized. It’s essential that all previous marriages are legally terminated before the current marriage for it to be valid in the eyes of U.S. immigration officials.
Proven Track Record
Green Card Testimonials
Frequently Asked Questions (FAQs)
A family petition, represented by Form I-130, acts as a bridge connecting U.S. citizens or Green Card holders with their overseas family members. By filling out this form, petitioners attest to their relationship with the intended immigrant, be it a spouse, child, parent, or sibling. Once approved, it opens the door for the family member to apply for lawful permanent residence.
USCIS Form I-130, labeled the “Petition for Alien Relative,” lays the foundation for family-based immigration. When a U.S. citizen or a Green Card holder wishes to bring a family member to the U.S., this form is their starting point. Its purpose is to validate the familial relationship, proving the petitioner’s ties to the intended immigrant. If you’re contemplating this step, our firm is here to help. Call +1 734 369 3131 to discuss eligibility and next steps.
The purpose of Form I-130 is to establish a valid family relationship between a U.S. citizen or a lawful permanent resident (Green Card holder) and a relative who wishes to immigrate to the United States. When a U.S. citizen or Green Card holder petitions for a family member for U.S. immigration, this form is the documentary proof of their familial bond. By filing this form with the U.S. Citizenship and Immigration Services (USCIS), the petitioner (the U.S. citizen or Green Card holder) initiates the process for the beneficiary (the relative) to obtain a family-based Green Card. It’s vital to demonstrate the authenticity of the relationship, particularly in cases like marriage-based visas, to ensure the immigration process is genuine and not taken advantage of.
Adjustment of Status is a process usually pursued by individuals already in the U.S. on a valid visa, such as an H-1B work visa or an F-1 student visa. This process allows these individuals to transition from their current visa status to that of a lawful permanent resident without needing to return to their home country for consular processing. The primary form for this process is the Form I-485, which in majority of the cases is filed concurrently with Form I-130.
Form I-130 and I-485 serve distinct roles in the immigration process. While the I-130 verifies the familial connection between a sponsor and an intending immigrant, the I-485 is the formal request to adjust the immigrant’s status to a lawful permanent resident. Think of the I-130 as the proof of relationship and the I-485 as the application to live in the U.S. indefinitely.
If your I-130 petition is denied, it’s important to first understand the reasons, which will be detailed in the provided “Notice of Action“. Consider appealing the decision to the Administrative Appeals Office (AAO) within the stipulated 30-day timeframe if possible. Denials can be stressful, but we’re here to assist. Connect with Al-khersan Law today! Call +1 734 369 3131 for guidance, ensuring a smoother path ahead.
Consular Processing is the method used to apply for a U.S. Green Card when the applicant is outside the United States. Instead of adjusting their status within the U.S., they attend an interview and process their application at a U.S. embassy or consulate in their native country. Consular Processing is generally used when the applicant is abroad and wants to enter the U.S. as a lawful permanent resident.
VAWA, or the Violence Against Women Act, is a provision that allows victims of abuse at the hands of certain U.S. citizens or Green Card holders to seek legal immigration status in the U.S. without the knowledge or involvement of their abuser. VAWA allows victims, irrespective of gender, to carve their path to legal U.S. residency. This pathway is a testament to the United State’s commitment to protect those vulnerable, ensuring their safety and a life free from harm.
VAWA, within the context of immigration, refers to the protections and pathways extended to immigrant that are victims of abuse. Through the provisions under this legislation, such victims can pursue independent legal pathways without the overshadowing influence of their abusive U.S. citizen or Green Card holder sponsor.
Absolutely! VAWA offers a sanctuary for immigrants who have been ensnared by abuse from a U.S. citizen or Green Card holder. They can, on their own, pursue legal status in the U.S. VAWA extends its umbrella of protection to all genders and may even halt a looming deportation. If you believe VAWA might be your way forward, our dedicated attorneys are here to assist, advise, and guide you every step of the way.
The Violence Against Women Act (VAWA) plays a pivotal role in safeguarding immigrants who’ve been subjected to abuse by a U.S. citizen or lawful permanent resident (LPR). Following are some ways victims of abuse you can seek assistance under the provisions offered by VAWA:
Evidence is crucial: While VAWA offers multiple avenues of support, backing one’s claims with concrete evidence remains paramount. This can include medical reports, testimonies, police records, or other pertinent documentation.
Self-Petitioning: Through VAWA, immigrants gain the ability to self-petition for legal status without relying on their abusive family member’s sponsorship.
Protection for all genders: The name might suggest specificity to women, but VAWA casts a wide net including men and members of the LGBTQ+ community.
Cancellation of Removal: Immigrants facing an imminent risk of deportation can invoke the VAWA Cancellation of Removal. This not only puts a potential stop to the deportation process but also opens doors to adjust their immigration status.
Protection for undocumented Immigrants: A key tenet of VAWA is its inclusivity. Even if someone’s undocumented, VAWA can still be a beacon of hope, offering avenues to adjust their status, especially if abuse is part of their narrative.
Support during deportation proceedings: Deportation can be a harrowing experience. VAWA recognizes this and extends support even during these proceedings, potentially altering the course of the individual’s immigration journey.
Waiver of Inadmissibility: Certain grounds might render an immigrant inadmissible to the U.S. VAWA introduces flexibility here, allowing for waivers of inadmissibility under less stringent criteria than typical immigration processes.
