Lawful Permanent Resident Card Attorney Bonita

What to Know About Immigration Home Visits

If Immigration Officers decide to do an in home inspection regarding your Lawful Permanent Resident 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 Lawful Permanent Resident Card attorney. Politely inform the officers that you choose to exercise this right and request to speak with a Lawful Permanent Resident Card attorney.

Right to Legal Representation

You have the right to consult with a Lawful Permanent Resident Card lawyer before answering any questions. If you do not have a Lawful Permanent Resident Card attorney, you can find one through local legal aid organizations or immigration advocacy groups in Bonita. An attorney 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.

How Long is a Lawful Permanent Resident Card Valid in Bonita?

Unconditional Lawful Permanent Resident Card = 10 Years

A Lawful Permanent Resident Card is typically valid for 10 years. For most lawful permanent residents (LPRs), this 10-year validity period applies, and they must renew their Lawful Permanent Resident 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 Lawful Permanent Resident Card = 2 Years

Conditional Lawful Permanent Resident 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 lawful permanent resident card.

Validity

It’s crucial for Lawful Permanent Resident Card holders to keep their card valid, as it serves as proof of their lawful status in the United States. An expired Lawful Permanent Resident Card can cause complications with employment, travel, and obtaining benefits. Lawful Permanent Resident 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 Lawful Permanent Resident Card holders need a separate Work Permit in Bonita?

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 Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Card application is processed.In Bonita, 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.

Leaving the US During a Pending Adjustment Application

Traveling abroad while your Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident 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 lawyer. 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 lawful permanent resident card, consult with a Lawful Permanent Resident Card lawyer 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 Lawful Permanent Resident 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 Lawful Permanent Resident Card application.