Green Card Lawyer San Antonio

What Documents are Required for a Green Card Application in San Antonio?

For an Adjustment of Status (AOS) to be successful, applicants must demonstrate bona fides, or good faith, in various aspects of their application. These are some of the key bona fides required:

Valid Entry and Continuous Residence

• Proof of Lawful Entry: Applicants must provide evidence that they were lawfully admitted to the United States. This can include a visa stamp, Form I-94 (Arrival/Departure Record), or other entry documentation.
• Continuous Residence: Applicants must demonstrate that they have continuously resided in the U.S. since their entry and during the required period preceding the application.

Eligibility Under an Immigration Category

• Family-Based Petitions: If applying based on a family relationship, such as through a U.S. citizen spouse or parent, applicants must provide documentation of the relationship, such as marriage certificates, birth certificates, or proof of a bona fide marriage. Evidence of a bona fide marriage can include joint bank accounts, leases, mortgages, and photographs.
• Employment-Based Petitions: For employment-based applications, applicants need a job offer and an approved labor certification. Documentation might include an employment contract, employer’s letter, and evidence of qualifications or skills.
• Other Categories: Applicants under other categories (e.g., asylees, refugees) must provide relevant documentation supporting their status and eligibility.

Good Moral Character

• Criminal Background Checks: Applicants must undergo background checks and provide police records, demonstrating they have no serious criminal history.
• Personal Conduct: Evidence of good moral character can include affidavits from employers, community leaders, or others who can vouch for the applicant’s integrity and behavior.

Medical Examination

• Form I-693: Applicants must undergo a medical examination by a USCIS-approved doctor. The results, documented on Form I-693, must be submitted as part of the AOS application to show they meet health-related standards.

Financial Support

• Affidavit of Support (Form I-864): For family-based applications, sponsors must submit an Affidavit of Support, proving they can financially support the applicant to prevent them from becoming a public charge. Evidence might include tax returns, pay stubs, and bank statements.

Immigration Status Documentation

• Proof of Current Status: Applicants need to maintain valid non-immigrant status until their AOS application is filed. This includes providing documentation of current visas and any status changes.

Collecting and organizing these bona fides is crucial for a successful adjustment of status application. In San Antonio, our immigration lawyers can provide assistance in gathering the necessary documents and ensuring that all requirements are met.

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.

Do San Antonio Green Card Applicants Always Need a Sponsor?

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.

A Complete Guide to the Green Card Interview

Location

Your Green Card Interview will be held at the local USCIS office nearest San Antonio. 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.

Why a Green Card is Beneficial in San Antonio: Key Advantages

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.

Is a Green Card Lawyer Necessary for Your Green Card Application in San Antonio?

Obtaining a green card is a complex process that involves navigating various legal requirements, submitting extensive documentation, and adhering to strict timelines. A Green Card attorney can be an invaluable asset in helping you secure your green card by providing expert guidance, minimizing errors, and ensuring compliance with all regulations.

Expertise and Knowledge

Immigration Green Card lawyers possess in-depth knowledge of U.S. immigration laws and procedures. They stay updated on the latest changes and can advise you on the most appropriate path to obtaining a green card, whether through family sponsorship, employment, asylum, or other categories. Their expertise ensures that you understand all eligibility requirements and prepare your application accordingly.

Personalized Guidance

An immigration Green Card attorney can assess your unique situation and tailor their advice to your specific needs. They can help identify the most suitable immigration category, gather necessary documentation, and address any potential issues that may arise during the application process. This personalized approach can significantly increase the chances of a successful outcome.

Document Preparation and Review

The green card application process requires meticulous preparation and submission of various forms and supporting documents. A Green Card attorney can assist with completing forms such as Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status), ensuring that all information is accurate and complete. They can also review your documentation to ensure it meets the required standards and addresses any potential red flags.

Legal Representation

If your case involves complications, such as prior immigration violations, criminal records, or the need for waivers, a Green Card lawyer can provide essential legal representation. They can advocate on your behalf in front of immigration authorities, handle correspondence with the U.S. Citizenship and Immigration Services (USCIS), and represent you during interviews or hearings.

Peace of Mind

Navigating the green card process can be stressful and time-consuming. Having a Green Card lawyer by your side can provide peace of mind, knowing that a professional is handling your case with expertise and attention to detail. This allows you to focus on other important aspects of your life while ensuring that your application is in capable hands.Overall, hiring an immigration Green Card attorney can streamline the green card application process, reduce the likelihood of errors, and enhance the prospects of a successful outcome. Our specialized knowledge, personalized guidance, and legal representation can make a significant difference in achieving your goal of becoming a lawful permanent resident.

A Guide to Immigration Fees for Green Card Seekers in San Antonio

The immigration fees for Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative) are essential costs to consider when applying for a green card.

Form I-485

The filing fee for Form I-485 varies based on the applicant’s age and circumstances. As of this writing:-For applicants aged 14 to 78, the fee is $1,440.-For applicants under 14, filing with at least one parent’s application, the fee is $950.-For applicants over 78, the fee is $1,440, as they are exempt from the biometric fee.-Refugees are exempt from the fee when adjusting status.

Form I-130

The filing fee for Form I-130 is $675 for paper filing and $625 for online filing. This form is used by U.S. citizens or Lawful Permanent Residents to establish their relationship to certain family members who wish to immigrate to the U.S.These fees are subject to change, so it’s important to check the latest updates from the U.S. Citizenship and Immigration Services (USCIS) website before filing.