Lawful Permanent Resident Card Attorney French Valley

Gathering Evidence for a Successful Lawful Permanent Resident Card Application

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 French Valley, our immigration attorneys can provide assistance in gathering the necessary documents and ensuring that all requirements are met.

Traveling With a Pending Lawful Permanent Resident Card 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 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 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.

What Immigration Status is a Lawful Permanent Resident Card in French Valley?

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 Lawful Permanent Resident Card Eligibility Criteria in French Valley

Qualifying for a Lawful Permanent Resident Card in French Valley follows the same federal guidelines as the rest of the United States. The primary pathways to obtain a Lawful Permanent Resident 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 lawful permanent resident 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 Lawful Permanent Resident 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 lawful permanent resident card.
• Employment-Based Visas: Individuals with a job offer in the U.S. can qualify for a Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Cards annually.