Green Card Lawyer Fontana

The Path to a Green Card: Eligibility Explained

Qualifying for a green card in Fontana follows the same federal guidelines as the rest of the United States. The primary pathways to obtain a green 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 green 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 green 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 green card.
• Employment-Based Visas: Individuals with a job offer in the U.S. can qualify for a green 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 green 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 green cards annually.

Timeline to Apply for Citizenship with a Green Card in Fontana?

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 Fontana, including legal aid organizations and immigration attorneys, can provide guidance and assistance in navigating the naturalization process, ensuring all requirements are met.

Understanding the Green Card Interview Process

Location

Your Green Card Interview will be held at the local USCIS office nearest Fontana. 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.

Understanding Sponsorship Requirements for Green Cards

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.

Understanding Immigration Home Inspections in Fontana?

If Immigration Officers decide to do an in home inspection regarding your Green Card application, the following are your rights to keep yourself safe.

Right to Refuse Entry

Firstly, you have the right to refuse entry to immigration officers, unless they have a valid warrant signed by a judge. This warrant should specify your name and address. Ask the officers to slide the warrant under the door or show it through a window to verify its validity before allowing them inside.

Right to Remain Silent

You also have the right to remain silent. You are not obligated to answer questions or provide information without consulting with a Green Card lawyer. Politely inform the officers that you choose to exercise this right and request to speak with a Green Card attorney.

Right to Legal Representation

You have the right to consult with a Green Card attorney before answering any questions. If you do not have a Green Card attorney, you can find one through local legal aid organizations or immigration advocacy groups in Fontana. An attorney can provide guidance on how to interact with the officers and protect your rights.

Right to Privacy

Immigration officers cannot search your home without your consent unless they have a valid search warrant. If they do have a warrant, ensure it is specific to your situation and covers the areas they wish to search. If the warrant is not valid or specific, you can deny them access.

Document Everything

Document the encounter by noting the officers’ names, badge numbers, and the time and date of the visit. If possible, record the interaction, as this can be useful for legal proceedings if necessary.Understanding and asserting your rights during an immigration home investigation can help protect you and your family from potential legal complications.