Green Card Lawyer Arden-Arcade

Do You Need a Sponsor to Apply for a Green Card in Arden-Arcade?

In an adjustment of status application, the sponsor plays a crucial role in supporting the applicant’s case for lawful permanent residency in the United States. The primary requirement for a sponsor is to provide a Form I-864, Affidavit of Support, which demonstrates that they have the financial means to support the applicant and prevent them from becoming a public charge.

Key Requirements for a Sponsor

• Legal Status: The sponsor must be a U.S. citizen or lawful permanent resident. This ensures that the sponsor has a stable legal presence in the United States.
• Residency: The sponsor must be domiciled in the United States. This means they must have a principal residence in the U.S. and plan to maintain it as their permanent home.
• Income Requirements: The sponsor must meet specific income criteria. They need to show that their household income is at least 125% of the Federal Poverty Guidelines for their household size. This includes the sponsor, their dependents, and the intending immigrant. If the sponsor’s income is insufficient, they may use assets to meet the requirements or enlist a joint sponsor who can meet the income requirements independently.
• Evidence of Income: The sponsor must provide evidence of their income and assets. This can include recent tax returns, W-2 forms, pay stubs, and employment verification letters.
• Commitment: By signing the Affidavit of Support, the sponsor commits to financially supporting the intending immigrant until they either become a U.S. citizen or have worked 40 qualifying quarters under the Social Security Act.
• Joint Sponsors: If the primary sponsor does not meet the income requirements, a joint sponsor can also submit a Form I-864. The joint sponsor must meet all the same requirements independently and demonstrate sufficient income or assets.

Do I file Form i485 for my Adjustment of Status Application?

In order to apply for your Green Card, you will likely be filing Form I-485, Application to Register Permanent Residence or Adjust Status. This is a crucial step for those seeking to obtain a green card while already in the United States. This form is used by individuals who are eligible to adjust their status to that of a lawful permanent resident (LPR) without having to leave the country. The following list is not an exhaustive list, but includes the common forms used when filing for your Green Card.

Proof of Lawful Entry

To begin, ensure you have all necessary documents, such as your passport, I-94 Arrival/Departure Record, and proof of lawful entry into the U.S. Depending on how you entered the United States, you may have a stamp in your passport reflecting your lawful entry.

Petitioner/Sponsor

You will need evidence of your eligibility category, such as an approved Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker). You will also need form I-864 which will be filled out by your sponsor, guaranteeing your economic stability during your status as a Lawful Permanent Resident.

Work Permit Application

You can file form I-765, Authorization for Employment, with your I-485 application. It is typically free to file this form with your I-485 (at the time of this writing) so we file it every time we file form I-485. Your Employment Authorization Document (EAD) usually gets approved first, along with your Social Security Card, before final determination of your Adjustment application.

Questions About Your History

The form requires detailed personal information, including your name, address, and employment history. You must also provide information about your immigration history, including any previous visa applications or immigration violations. Be prepared to answer questions regarding your criminal history and affiliations, as honesty is critical to avoid complications or denials.

Medical Examination

Part of the I-485 process involves undergoing a medical examination by a USCIS-approved doctor. The results, documented on Form I-693, must be submitted along with your I-485 application. Additionally, you must include the required filing fee or a fee waiver request, if applicable.

Biometrics and Interview

Once submitted, USCIS will process your application, which may include a biometric appointment for fingerprinting and an interview. During this period, it’s essential to monitor your case status and respond promptly to any USCIS requests for additional information.

When are Green Card holders Eligible for Citizenship in Arden-Arcade?

Lawful Permanent Residents (LPRs) are eligible to apply for U.S. citizenship through the process of naturalization, typically after five years of continuous residence in the United States, as outlined in Section 316 of the Immigration and Nationality Act (INA) [8 U.S.C. § 1427]. This period is reduced to three years for those married to and living with a U.S. citizen, under Section 319(a) of the INA [8 U.S.C. § 1430(a)].

Continuous Residence and Physical Presence

To qualify, LPRs must demonstrate continuous residence and physical presence in the United States during the required period. Specifically, they must have been physically present for at least 30 months plus one day out of the five years, or 18 months plus one day out of the three years if married to a U.S. citizen. Additionally, they must have resided in the state or USCIS district where they apply for at least three months prior to filing.

Good Moral Character

Green Card holders must also show good moral character, a requirement detailed in Section 101(f) of the INA [8 U.S.C. § 1101(f)]. This includes adhering to the laws of the United States and demonstrating integrity and honesty in their dealings.

English Skills

Applicants must be able to read, write, and speak basic English, and possess knowledge of U.S. history and government. These requirements are waived for certain applicants, such as those who have been permanent residents for at least 20 years and are over 50 years old, or those who are over 55 years old and have been permanent residents for 15 years. Medical exemptions can also be warranted if your doctor is able to provide evidence that you cannot learn or speak English due to a mental or physical disability.

Oath of Allegiance

Applicants must take an Oath of Allegiance to the United States, affirming their commitment to the country’s principles and laws. Local resources in Arden-Arcade, including legal aid organizations and immigration attorneys, can provide guidance and assistance in navigating the naturalization process, ensuring all requirements are met.

What Immigration Status is a Green Card in Arden-Arcade?

A Lawful Permanent Resident (LPR), often called a “green card” holder, is an individual who has been granted the privilege to live and work in the United States permanently. This status allows the person to reside in the U.S., seek employment, and travel internationally, albeit with certain restrictions. LPRs must adhere to specific rules to maintain their status.Lawful Permanent Resident status is obtained one of two routes: either Consular Processing or Adjustment of Status. Consular Processing involves doing your immigration interview with an immigration officer from America while in another country abroad. Adjustment of Status on the other hand involves doing your immigration interview in the United States, usually without ever leaving the U.S..One of the significant advantages of being an LPR is the ability to work without needing employer sponsorship, which provides greater flexibility in job opportunities. Additionally, LPRs can travel outside the U.S. and re-enter, though extended absences may affect their residency status. It is crucial for LPRs to avoid actions that could jeopardize their status, such as committing certain crimes or failing to notify USCIS of a change of address.Moreover, LPRs have the opportunity to apply for U.S. citizenship after meeting particular requirements, including continuous residence in the U.S. for a specified period, demonstrating good moral character, and passing English and civics tests. Becoming a U.S. citizen provides additional benefits, such as the right to vote and protection from deportation.

Preparing for Your Green Card Interview in Arden-Arcade

Location

Your Green Card Interview will be held at the local USCIS office nearest Arden-Arcade. Ensure that you know the exact address and plan your travel to arrive early so you can find parking. Familiarize yourself with the office location and any specific instructions provided in your appointment notice.

Arrival

Arrive with your appointment notice, government-issued identification, and any additional documents requested. Plan to arrive early to allow time for security checks. Bring all required documentation organized in a folder or binder for easy access.

Documentation

Essential documents include marriage certificates, financial documents, proof of residency, and any other evidence supporting your green card application that may also be listed on your appointment notice. Ensure all documents are original or certified copies unless otherwise specified. Organize them in a logical order to facilitate a smooth review by the officer.

Questioning

The USCIS officer will ask questions to verify the accuracy of your application and assess the legitimacy of your case. Questions may cover personal background, relationship history if applying based on marriage, employment details, and other relevant information. Be prepared to provide clear, concise, and truthful answers.

Biometrics

Though you likely had them done already, the officer may take your fingerprints and photographs as part of the biometrics process. This is a routine procedure to verify your identity and background. Ensure your hands are clean and free of any substances that might affect fingerprint quality.

Medical Examination

Your medical examination results will be reviewed to ensure you meet the health requirements for a green card. The examination must be conducted by a USCIS-approved doctor, and you should bring the completed Form I-693. Ensure all medical documents are up-to-date and properly sealed.

Responses

Provide clear, honest, and concise answers to all questions posed by the USCIS officer. Avoid providing unnecessary information or elaborating beyond what is asked. Maintain a calm and respectful demeanor throughout the interview.

Decision

The officer may inform you of their decision at the end of the interview or indicate that further review is needed which is the typical procedure. If additional information or documentation is required, you will receive instructions on how to provide it. Be prepared for either outcome and follow any additional steps promptly.