Green Card Lawyer Exeter

Understanding Wait Times for Citizenship After a Green Card in Exeter?

Lawful Permanent Residents (LPRs) are eligible to apply for U.S. citizenship through the process of naturalization, typically after five years of continuous residence in the United States, as outlined in Section 316 of the Immigration and Nationality Act (INA) [8 U.S.C. § 1427]. This period is reduced to three years for those married to and living with a U.S. citizen, under Section 319(a) of the INA [8 U.S.C. § 1430(a)].

Continuous Residence and Physical Presence

To qualify, LPRs must demonstrate continuous residence and physical presence in the United States during the required period. Specifically, they must have been physically present for at least 30 months plus one day out of the five years, or 18 months plus one day out of the three years if married to a U.S. citizen. Additionally, they must have resided in the state or USCIS district where they apply for at least three months prior to filing.

Good Moral Character

Green Card holders must also show good moral character, a requirement detailed in Section 101(f) of the INA [8 U.S.C. § 1101(f)]. This includes adhering to the laws of the United States and demonstrating integrity and honesty in their dealings.

English Skills

Applicants must be able to read, write, and speak basic English, and possess knowledge of U.S. history and government. These requirements are waived for certain applicants, such as those who have been permanent residents for at least 20 years and are over 50 years old, or those who are over 55 years old and have been permanent residents for 15 years. Medical exemptions can also be warranted if your doctor is able to provide evidence that you cannot learn or speak English due to a mental or physical disability.

Oath of Allegiance

Applicants must take an Oath of Allegiance to the United States, affirming their commitment to the country’s principles and laws. Local resources in Exeter, including legal aid organizations and immigration attorneys, can provide guidance and assistance in navigating the naturalization process, ensuring all requirements are met.

What Happens During a Green Card Interview in Exeter?

Location

Your Green Card Interview will be held at the local USCIS office nearest Exeter. Ensure that you know the exact address and plan your travel to arrive early so you can find parking. Familiarize yourself with the office location and any specific instructions provided in your appointment notice.

Arrival

Arrive with your appointment notice, government-issued identification, and any additional documents requested. Plan to arrive early to allow time for security checks. Bring all required documentation organized in a folder or binder for easy access.

Documentation

Essential documents include marriage certificates, financial documents, proof of residency, and any other evidence supporting your green card application that may also be listed on your appointment notice. Ensure all documents are original or certified copies unless otherwise specified. Organize them in a logical order to facilitate a smooth review by the officer.

Questioning

The USCIS officer will ask questions to verify the accuracy of your application and assess the legitimacy of your case. Questions may cover personal background, relationship history if applying based on marriage, employment details, and other relevant information. Be prepared to provide clear, concise, and truthful answers.

Biometrics

Though you likely had them done already, the officer may take your fingerprints and photographs as part of the biometrics process. This is a routine procedure to verify your identity and background. Ensure your hands are clean and free of any substances that might affect fingerprint quality.

Medical Examination

Your medical examination results will be reviewed to ensure you meet the health requirements for a green card. The examination must be conducted by a USCIS-approved doctor, and you should bring the completed Form I-693. Ensure all medical documents are up-to-date and properly sealed.

Responses

Provide clear, honest, and concise answers to all questions posed by the USCIS officer. Avoid providing unnecessary information or elaborating beyond what is asked. Maintain a calm and respectful demeanor throughout the interview.

Decision

The officer may inform you of their decision at the end of the interview or indicate that further review is needed which is the typical procedure. If additional information or documentation is required, you will receive instructions on how to provide it. Be prepared for either outcome and follow any additional steps promptly.

Essential Evidence for Green Card Applications in Exeter

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 Exeter, our immigration attorneys can provide assistance in gathering the necessary documents and ensuring that all requirements are met.

Understanding the Advantages of a Green Card in Exeter

Obtaining a green card provides numerous benefits:

Live and Work in the USA

Green 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

Green 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

Green card holders can travel more freely in and out of the U.S., though extended absences may affect their status.

Path to Citizenship

Green 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.

Is a Sponsor Required for Your Green Card Application in Exeter?

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.

Green Card Application Costs: What to Expect in Exeter

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 green 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.

Estimated Timeframe for Green Card Application in Exeter

The timeframe to obtain a green 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 Green 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 Green Cards

The processing time for employment-based green 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 Green Cards

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