Green Card Lawyer Glen Avon

Do I need a Work Permit if I have my Green Card?

Form I-765, Application for Employment Authorization, allows individuals to work legally in the United States while their Form I-485 (Application to Register Permanent Residence or Adjust Status) is pending. Filing Form I-765 with your I-485 is highly beneficial, as it provides a means to earn a livelihood during the often lengthy green card application process.Submitting Form I-765 concurrently with your I-485 can expedite your ability to work legally, eliminating the need to wait for your green card approval to start employment. At the time of this writing, submitting the I-765 with your I-485 can also be done for free. Additionally, an approved I-765 grants you an Employment Authorization Document (EAD), which serves as proof of your legal right to work in the U.S. This can be crucial for maintaining financial stability and accessing job opportunities while your green card application is processed.In Glen Avon, utilizing local legal resources can help ensure your I-765 and I-485 applications are correctly completed and submitted, maximizing your chances of a smooth and successful adjustment process.

Understanding Immigration Home Inspections in Glen Avon?

If Immigration Officers decide to do an in home inspection regarding your Green Card application, the following are your rights to keep yourself safe.

Right to Refuse Entry

Firstly, you have the right to refuse entry to immigration officers, unless they have a valid warrant signed by a judge. This warrant should specify your name and address. Ask the officers to slide the warrant under the door or show it through a window to verify its validity before allowing them inside.

Right to Remain Silent

You also have the right to remain silent. You are not obligated to answer questions or provide information without consulting with a Green Card lawyer. Politely inform the officers that you choose to exercise this right and request to speak with a Green Card attorney.

Right to Legal Representation

You have the right to consult with a Green Card lawyer before answering any questions. If you do not have a Green Card lawyer, you can find one through local legal aid organizations or immigration advocacy groups in Glen Avon. A lawyer can provide guidance on how to interact with the officers and protect your rights.

Right to Privacy

Immigration officers cannot search your home without your consent unless they have a valid search warrant. If they do have a warrant, ensure it is specific to your situation and covers the areas they wish to search. If the warrant is not valid or specific, you can deny them access.

Document Everything

Document the encounter by noting the officers’ names, badge numbers, and the time and date of the visit. If possible, record the interaction, as this can be useful for legal proceedings if necessary.Understanding and asserting your rights during an immigration home investigation can help protect you and your family from potential legal complications.

What is Adjustment of Status in Glen Avon?

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.

Understanding Green Card Eligibility Criteria in Glen Avon

Qualifying for a green card in Glen Avon follows the same federal guidelines as the rest of the United States. The primary pathways to obtain a green card include family sponsorship, employment-based visas, asylum or refugee status, and the Diversity Visa Lottery.

• Family Sponsorship: Immediate relatives of U.S. citizens, such as spouses, children under 21, and parents, have a straightforward path to a green card. Other relatives, including siblings and married children, may also qualify but face longer waiting periods due to visa caps and limitations. Under section 245(a) of the Immigration and Nationality Act (INA), two things are required for a family based green card (1) Legal Entry, and (2) Petitioner. If your entry is illegal, we can help you figure out different ways to fix your entry. There are multiple different people that can be petitioners which we will also analyze for you so that we can help you figure out the quickest way to get a green card.
• Employment-Based Visas: Individuals with a job offer in the U.S. can qualify for a green card through employment. Categories include priority workers (EB-1), professionals with advanced degrees or exceptional abilities (EB-2), skilled workers (EB-3), and special immigrant categories, such as religious workers (EB-4). Investors who create jobs in the U.S. (EB-5) also qualify.
• Asylum or Refugee Status: Those granted asylum or refugee status can apply for a green card one year after being admitted to the U.S. under these protections. You can also apply for your spouse and children (under 21) after being granted Asylum status.
• Diversity Visa Lottery: Individuals from countries with low U.S. immigration rates can apply through the Diversity Visa Lottery, which grants up to 50,000 green cards annually.

Can You Travel Abroad While Your Green Card Application is Pending?

Traveling abroad while your green card application is pending can be complex and requires careful planning. Here’s a detailed overview of what you need to know and the steps to take:

Understanding the Travel Restrictions

1. Advance Parole Requirement: Generally, if you leave the U.S. while your green card application (Form I-485) is pending, your application may be considered abandoned unless you have obtained Advance Parole. Advance Parole is a travel document that allows you to re-enter the U.S. without jeopardizing your pending green card application.
2. Applying for Advance Parole: To secure this document, you must file Form I-131, Application for Travel Document, with USCIS. It is advisable to submit Form I-131 simultaneously with your I-485 application to avoid delays. The processing time can vary, so plan accordingly.
3. Emergency Travel: If an emergency necessitates travel before you obtain Advance Parole, consult with an immigration attorney. In some cases, it is possible to expedite the process by providing documentation of the emergency.

Practical Steps to Follow

1. Check Your Eligibility: Confirm that you are eligible for Advance Parole. Certain applicants, such as those in removal proceedings or who have violated their immigration status, may face restrictions.
2. Submit Form I-131: Fill out Form I-131 accurately and include supporting documents, such as a copy of your I-485 receipt notice, passport photos, and proof of the need to travel (if applicable).
3. Await Approval: After submitting your application, wait for USCIS to process and approve it. Avoid making non-refundable travel arrangements until you have received your Advance Parole document.
4. Travel with Documentation: If you receive Advance Parole, carry it along with your valid passport when traveling. Ensure you return to the U.S. within the validity period specified on the document.

Important Considerations

• Non-immigrant Visa Holders: If you initially entered the U.S. on a non-immigrant visa (such as a tourist visa) and later applied for a green card, consult with a Green Card attorney to navigate potential issues related to intent and visa compliance.
• Timelines and Deadlines: Be mindful of the timelines for both your Advance Parole application and your green card process. Missing deadlines or being abroad when USCIS requests additional information or schedules an interview could complicate your case.
• Legal Advice: Given the complexities involved, seeking legal advice tailored to your specific situation can prevent potential pitfalls and ensure that you remain compliant with immigration laws.

By following these steps and understanding the underlying reasons, you can manage your travel plans without jeopardizing your green card application.