Green Card Lawyer St. Helena

What is the 90 Day Rule in Immigration?

The 90-day rule in U.S. immigration is a guideline used by immigration officers to determine if an individual who entered the U.S. on a non-immigrant visa misrepresented their intentions when applying for the visa. According to this rule, if a non-immigrant engages in conduct inconsistent with their visa status within 90 days of entry, it is presumed that they willfully misrepresented their intentions.

Examples that Could Activate the 90 Day Rule

• Marrying a U.S. citizen and applying for adjustment of status.
• Enrolling in school without the proper visa.
• Undertaking unauthorized employment.

If an individual engages in these activities within the first 90 days, immigration authorities may presume fraud or willful misrepresentation, which can lead to denial of the visa application and potentially severe immigration consequences.However, if such activities occur after the 90-day period, the presumption of misrepresentation is not automatic, although it may still be considered. It’s essential to provide evidence to counter any presumption of fraud if questioned by immigration officials.Understanding the 90-day rule is crucial for those on non-immigrant visas to avoid actions that could negatively impact their immigration status. Consulting with an immigration attorney can provide guidance tailored to specific circumstances and help navigate the complexities of U.S. immigration laws.

The Role of an Attorney in Your Green Card Application in St. Helena?

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 attorneys 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 lawyer 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 lawyer 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.

Do I file Form I-485 for my Green Card 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.

Green Card Expiry: How Long Until Renewal?

Unconditional Green Card = 10 Years

A green card is typically valid for 10 years. For most lawful permanent residents (LPRs), this 10-year validity period applies, and they must renew their green card before it expires to maintain their status. The renewal process involves filing Form I-90, Application to Replace Permanent Resident Card, which can be done online or via mail. It’s recommended to start the renewal process about six months before the card’s expiration date to avoid any lapse in status.

Conditional Green Card = 2 Years

Conditional green cards, issued to certain individuals such as those who obtained their status through marriage or as entrepreneurs, are valid for only 2 years. Conditional residents must apply to remove the conditions on their residency by filing Form I-751 (for marriage-based conditional residents) or Form I-829 (for investor-based conditional residents) within the 90-day period before their card expires. Upon approval, they receive a regular (unconditional) 10-year green card.

Validity

It’s crucial for green card holders to keep their card valid, as it serves as proof of their lawful status in the United States. An expired green card can cause complications with employment, travel, and obtaining benefits. Green card holders must also ensure their information is up to date with the U.S. Citizenship and Immigration Services (USCIS) to avoid any issues with their permanent residency status.

Do You Need a Sponsor to Apply for a Green Card in St. Helena?

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.