Green Card Based Marriages
Family Member Sponsorship enables U.S. citizens and permanent residents to sponsor their immediate and extended family members for immigration. This category includes several visa types, such as the IR-5 visa for parents of U.S. citizens, the F1 visa for unmarried sons and daughters of U.S. citizens, and the F3/F4 visas for married children and siblings of U.S. citizens. The goal is to reunite families and allow them to live together in the U.S.
– Adjustment of Status: From temporary to permanent residency.
– Conditional to Permanent Residency: Removing conditions on green cards.
– Renewals and Replacements: Handling expired or lost green cards.
Adjustment of Status
Overview:
From temporary visa to permanent residency while in the U.S.
Requirements:
Eligibility, Form I-485, supporting documents.
Process:
1. Submit Form I-485.
2. Biometrics appointment.
3. USCIS interview.
4. Await decision.
Conditional to Permanent Residency
Overview:
Removing conditions on a 2-year green card obtained through marriage.
Requirements:
Form I-751, proof of ongoing relationship.
Process:
1. File Form I-751.
2. Attend biometrics appointment.
3. USCIS interview.
4. Await decision.
Renewals and Replacements
Overview:
Renewing or replacing an expired or lost green card.
Requirements:
Form I-90, supporting documents.
Process:
1. File Form I-90.
2. Biometrics appointment.
3. Await new green card.
Frequently Asked Questions about Green Card Application:
A green card, also known as a Permanent Resident Card, allows an individual to live and work permanently in the United States.
There are several ways to apply for a green card, including:
– Through family sponsorship (Form I-130).
– Through employment (Form I-140).
– Through refugee or asylee status.
– Through the Diversity Visa (DV) lottery program.
– Through special immigrant categories (e.g., victims of trafficking, special immigrant juveniles).
The process generally involves:
– The U.S. citizen or lawful permanent resident (LPR) sponsor files Form I- 130 (Petition for Alien Relative) with USCIS.
– Once approved, the petition is forwarded to the National Visa Center (NVC) for processing.
– The beneficiary completes visa application forms, undergoes a medical examination, and attends an interview at the U.S. embassy or consulate in their home country (if applying from abroad).
– If approved, the beneficiary receives an immigrant visa to enter the U.S. and obtain a green card.
The process generally involves:
– The U.S. employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
– Once approved, if the beneficiary is residing outside the U.S., the employer may need to complete the PERM labor certification process.
– The beneficiary completes visa application forms, undergoes a medical examination, and attends an interview at the U.S. embassy or consulate (if applicable).
– If approved, the beneficiary receives an immigrant visa to enter the U.S. and obtain a green card.
Yes, if you are eligible, you can apply for adjustment of status (Form I-485) to obtain a green card while residing in the U.S. This process is typically available if you have an approved immigrant petition and a visa number is available.
Processing times vary depending on the type of green card application, USCIS workload, and individual circumstances. It can range from several months to several years.
If you have a valid work permit (employment authorization document, EAD) obtained through Form I-765, you can work in the U.S. while your green card application is pending.
If you have a pending adjustment of status application (Form I-485), you can generally travel outside the U.S. with advance parole (Form I-131) permission. However, travel without advance parole could lead to abandonment of your application.
Once you receive your green card, you have the right to live and work permanently in the U.S. You may also be eligible to apply for U.S. citizenship after meeting certain residency requirements.
Applications can be denied for various reasons, including failure to meet
eligibility requirements, insufficient supporting documentation, legal ineligibility, or concerns about fraud or misrepresentation. It is essential to provide accurate and complete information and seek legal advice if needed.
If you require advice on U.S. immigration matters, please do not hesitate to reach out to Truong Law Firm for a free consultation and support. My team and I are here to assist you in finding the best solutions for your immigration needs.
At Truong Law Firm, we believe in maintaining clear and consistent communication with our clients. We keep you informed every step of the way, ensuring transparency and trust in our legal process. Our goal is to help you achieve your immigration objectives efficiently and successfully.
