Lawful Permanent Resident Card Attorney Portola Valley

Documentation Required to Apply for a Lawful Permanent Resident Card in Portola Valley

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

How long does it take to get a Lawful Permanent Resident Card in Portola Valley?

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.

Steps to Determine Lawful Permanent Resident Card Eligibility in Portola Valley

Qualifying for a Lawful Permanent Resident Card in Portola 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.

Pending Adjustment of Status: Can You Leave the Country?

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 attorney. 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.