Green Card Lawyer King City

Attorney Dhanjan in front of court

Things to Know Now

Attorney Dhanjan in front of court

Does a Loved One Need Immigration Assistance in the King City area?

King City is a city with a population of approximately 14125 people. Many people in King City are illegal but can get their Green Cards with a little assistance. Our law firm can help with all types of Green Card cases in the King City area. Additionally, we can also assist you with Green Cards throughout every state in America.

Pending Adjustment of Status: Can You Leave the Country?

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.

Understanding Wait Times for Citizenship After a Green Card in King City?

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 King City, including legal aid organizations and immigration attorneys, can provide guidance and assistance in navigating the naturalization process, ensuring all requirements are met.

Is a Work Permit Necessary with a Green Card in King City?

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 King City, 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.

Green Card Benefits: A Comprehensive Guide

Obtaining a green card provides numerous benefits:

Live and Work in the USA

Green card holders can live and work permanently in the United States without the need for special permits or visas. This stability allows for long-term employment opportunities and the ability to establish roots in the community.

Social Security Card and Benefits

Green card holders are also eligible for social security benefits and can apply for state and federal aid programs.

Own Property and Bring Family Members to the US

They have the right to own property and can sponsor certain family members for their own permanent resident status, promoting family reunification.

Travel Outside the US

Green card holders can travel more freely in and out of the U.S., though extended absences may affect their status.

Path to Citizenship

Green card holders have a clear pathway to U.S. citizenship. After meeting the residency requirements, they can apply for naturalization, which grants the full benefits of U.S. citizenship, including the right to vote and protection against deportation.

From Application to Approval: Green Card Processing Times

The timeframe to obtain a green card after applying varies significantly based on several factors, including the type of visa, the applicant’s country of origin, and the specific circumstances of the case. Generally, the process can take anywhere from several months to several years.

Family-Based Green Cards

For immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21), the process is typically faster, often taking about 10 to 16 months. However, for other family-sponsored categories, such as siblings of U.S. citizens or married children, the wait can be much longer due to annual visa caps and high demand, sometimes extending to several years.

Employment-Based Green Cards

The processing time for employment-based green cards also varies. Categories such as EB-1 (priority workers) usually have shorter wait times, often between 8 months to 1.5 years. In contrast, EB-3 (skilled workers) and EB-2 (professionals with advanced degrees) may face longer processing times, particularly if the applicant is from a country with high demand, such as India or China, where it can take several years.

Asylum or Refugee Green Cards

Applicants who have been granted asylum or refugee status can apply for a green card one year after their entry or status grant. The processing time for these applications typically ranges from 8 months to 2 years.

Diversity Visa Lottery

Winners of the Diversity Visa Lottery must complete their green card process within the fiscal year they are selected, which generally spans about one year.Overall, while the timeframe to get a green card can vary widely, applicants should prepare for a potentially lengthy process and seek guidance from our legal professionals to navigate the complexities involved.

Understanding the Green Card Interview Process

Location

Your Green Card Interview will be held at the local USCIS office nearest King City. 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.

injury and immigration attorney dhanjan

Reach out to our King City Green Card Attorneys Immediately

SSD Law Firm PC stands out as your go-to immigration lawyers in King City, offering strategic legal guidance and support. Our Green Card immigration lawyers are dedicated to providing a seamless experience with a free consultation and thorough case evaluation tailored to your needs and within your own language (English, Espanol, Punjabi, Hindi, Urdu, Lao). We understand the nuances of immigration law and are committed to helping you achieve your American dream with clear, informed, and compassionate legal representation. To get your case started, contact our Green Card Lawyer King City Department now.