Permanent Residency
I love helping people apply for their green cards! It is very satisfying to help clients fix their papers.
There are many ways to apply for residency. There are residency applications based on family petitions, employment-based petitions, and for diversity lottery applicants. There are residency procedures for refugees, asylees, people with U visas, special immigrant juveniles, Cubans, and many others. Some people have been waiting decades for this opportunity and it is very important that your case gets done properly from the beginning.
Check out the FAQs below and contact me for more information.
Frequently Asked Questions
Do I have to leave the United States to apply for residency?
Basically, there are two procedures for applying for a green card. If you are eligible for adjustment of status you may do your application inside the United States without departing. Adjustment of status is usually the preferred procedure for immigrants who are physically present inside the United States. Traveling abroad can be risky, expensive, disruptive to your family and your work, and in many cases a departure from the United States will trigger a 3 or 10 year bar to entry that can seriously complicate your case. However, if you are not eligible for adjustment of status you would have to apply for an immigrant visa at a U.S. consulate abroad.
I have a U.S. citizen child who is 21 years old. Can I get residency through my child?
A U.S. citizen child can petition for a parent or step-parent, but the petition is only the first step in the process. In many cases, if the parent entered the U.S. illegally he or she will have to leave the U.S. for 10 years in order to complete the residency process. Before your child files a petition for you, find out whether you will have to leave the U.S. for 10 years before you get your green card. Give me a call and I will let you know.
Am I eligible for adjustment of status?
In general, the spouses, children and parents of U.S. citizens may apply for adjustment of status if they entered the United States legally. Family members who entered the U.S. illegally may be eligible for adjustment of status under section 245(i) if they were the beneficiary of an immigrant petition or labor certification filed before May 1, 2001. The immediate relatives of current or former members of the U.S. military may apply for something called “parole-in-place,” which creates a lawful entry for the immigrant family member so that he or she may apply for adjustment of status. There are many other ways to qualify for adjustment of status, such as through an employment-based petition, or as a refugee, asylee, U visa grantee, special immigrant juvenile, or VAWA self-petitioner. If you are not eligible for adjustment of status you may be able to apply for residency at the American consulate in your country of origin.
I have a few misdemeanor convictions but no felonies. Can I fix my papers?
A conviction for a crime involving moral turpitude or a drug conviction could cause your case to be denied. It does not matter whether it was a classified as a felony or misdemeanor. Even if you completed your sentence and “paid everything” you still have a conviction for immigration purposes. You may be found inadmissible for crimes involving theft, violence, sex, drugs and other immoral activity. Some crimes will automatically cause your case to be denied while others will require you to get a waiver approved before you can get your green card.
What kinds of problems could cause my case to be denied?
For most residency cases you must establish that you are admissible to the United States. If you have a penalty that makes you inadmissible you cannot be approved for residency unless you are granted a waiver. Sometimes a waiver is available and sometimes a waiver is not possible. The most common reasons for denial include unlawful presence in the U.S., illegal re-entry into the U.S. after deportation or one year of unlawful presence, certain criminal convictions, immigration fraud or misrepresentation, alien smuggling, making a false claim of U.S. citizenship, or a finding that you are a security risk. There are so many reasons that a case could be denied that it is almost impossible to list them all here. The most important thing that you can do to improve your chance of success is to hire an experienced immigration lawyer.
My spouse is a U.S. citizen. What is the process for me get residency?
First, before spending a lot of money, make sure that you are eligible for residency. Certain criminal or immigration history will prevent you from fixing your papers through your spouse. Next, determine whether you may apply for adjustment of status or whether you must go through consular processing. If you are eligible for adjustment of status you will file various USCIS forms all at the same time, including the I-130 petition, I-485 application, I-864 affidavit of support, and the I-765 application, if you want a work permit. If you must consular process, then you file the I-130 petition first. Once the I-130 is approved you can proceed with the rest of the case. You may need to file an I-601A provisional waiver if you are in the U.S. illegally. Do not file the I-485 application if you are consular processing. Instead you will complete the online DS-260 application.
