Process to Adjust Status in Manteca
In order to apply for your Lawful permanent resident 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 Lawful Permanent Resident 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 Lawful permanent resident 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.
Leaving the US While Your Lawful Permanent Resident Card Application is Pending?
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
- 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.
- 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.
- 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
- 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.
- 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).
- 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.
- 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.
Do I need a Sponsor for my Lawful Permanent Resident Card Application in Manteca?
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.
Essential Evidence for Lawful Permanent Resident Card Applications in Manteca
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 Manteca, our immigration attorneys can provide assistance in gathering the necessary documents and ensuring that all requirements are met.
Understanding the Advantages of a Lawful Permanent Resident Card in Manteca
Obtaining a Lawful Permanent Resident Card provides numerous benefits:
Live and Work in the USA
Lawful Permanent Resident 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
Lawful Permanent Resident 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
Lawful Permanent Resident Card holders can travel more freely in and out of the U.S., though extended absences may affect their status.
Path to Citizenship
Lawful Permanent Resident 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.
