Lawful Permanent Resident Card Attorney Grover Beach

Understanding the 90 Day Rule in Immigration Law

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.

Estimated Timeframe for Lawful Permanent Resident Card Application in Grover Beach

The timeframe to obtain a Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Cards

The processing time for employment-based Lawful Permanent Resident 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 Lawful Permanent Resident Cards

Applicants who have been granted asylum or refugee status can apply for a Lawful Permanent Resident 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 Lawful Permanent Resident Card process within the fiscal year they are selected, which generally spans about one year.Overall, while the timeframe to get a Lawful Permanent Resident Card can vary widely, applicants should prepare for a potentially lengthy process and seek guidance from our legal professionals to navigate the complexities involved.

Is a Work Permit Necessary with a Lawful Permanent Resident Card in Grover Beach?

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 Grover Beach, 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.

Lawful Permanent Resident Card Application Costs: What to Expect in Grover Beach

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 lawful permanent resident 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.