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SSD Law Firm PC

Green Card Lawyer Wrightwood

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Things to Know Now

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Does a Loved One Need Immigration Help in the Wrightwood area?

Wrightwood is a city with a population of approximately 4560 people. Many people in Wrightwood are illegal but can get their Green Cards with a little assistance. Our law firm can help with all types of Green Card cases in the Wrightwood area. Additionally, we can also assist you with Green Cards throughout every state in America.

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

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

Pending Adjustment of Status: Can You Leave the Country?

Traveling abroad while your green 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 green 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 green 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 green card, consult with a Green Card lawyer 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 green 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 green card application.

What are Immigration Fees for a Green Card in Wrightwood?

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.

The Path to a Green Card: Eligibility Explained

Qualifying for a green card in Wrightwood 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.

Your Rights During an Immigration Home Investigation in Wrightwood

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 attorney. Politely inform the officers that you choose to exercise this right and request to speak with a Green Card lawyer.

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 lawyer, you can find one through local legal aid organizations or immigration advocacy groups in Wrightwood. A lawyer 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.

What is the 90 Day Rule in Immigration?

The 90-day rule in U.S. immigration is a guideline used by immigration officers to determine if an individual who entered the U.S. on a non-immigrant visa misrepresented their intentions when applying for the visa. According to this rule, if a non-immigrant engages in conduct inconsistent with their visa status within 90 days of entry, it is presumed that they willfully misrepresented their intentions.

Examples that Could Activate the 90 Day Rule

  • Marrying a U.S. citizen and applying for adjustment of status.
  • Enrolling in school without the proper visa.
  • Undertaking unauthorized employment.

If an individual engages in these activities within the first 90 days, immigration authorities may presume fraud or willful misrepresentation, which can lead to denial of the visa application and potentially severe immigration consequences.However, if such activities occur after the 90-day period, the presumption of misrepresentation is not automatic, although it may still be considered. It’s essential to provide evidence to counter any presumption of fraud if questioned by immigration officials.Understanding the 90-day rule is crucial for those on non-immigrant visas to avoid actions that could negatively impact their immigration status. Consulting with an immigration lawyer can provide guidance tailored to specific circumstances and help navigate the complexities of U.S. immigration laws.

Process to get a Green Card in Wrightwood

In order to apply for your Green Card, you will likely be filing Form I-485, Application to Register Permanent Residence or Adjust Status. This is a crucial step for those seeking to obtain a green card while already in the United States. This form is used by individuals who are eligible to adjust their status to that of a lawful permanent resident (LPR) without having to leave the country. The following list is not an exhaustive list, but includes the common forms used when filing for your Green Card.

Proof of Lawful Entry

To begin, ensure you have all necessary documents, such as your passport, I-94 Arrival/Departure Record, and proof of lawful entry into the U.S. Depending on how you entered the United States, you may have a stamp in your passport reflecting your lawful entry.

Petitioner/Sponsor

You will need evidence of your eligibility category, such as an approved Form I-130 (Petition for Alien Relative) or Form I-140 (Immigrant Petition for Alien Worker). You will also need form I-864 which will be filled out by your sponsor, guaranteeing your economic stability during your status as a Lawful Permanent Resident.

Work Permit Application

You can file form I-765, Authorization for Employment, with your I-485 application. It is typically free to file this form with your I-485 (at the time of this writing) so we file it every time we file form I-485. Your Employment Authorization Document (EAD) usually gets approved first, along with your Social Security Card, before final determination of your Adjustment application.

Questions About Your History

The form requires detailed personal information, including your name, address, and employment history. You must also provide information about your immigration history, including any previous visa applications or immigration violations. Be prepared to answer questions regarding your criminal history and affiliations, as honesty is critical to avoid complications or denials.

Medical Examination

Part of the I-485 process involves undergoing a medical examination by a USCIS-approved doctor. The results, documented on Form I-693, must be submitted along with your I-485 application. Additionally, you must include the required filing fee or a fee waiver request, if applicable.

Biometrics and Interview

Once submitted, USCIS will process your application, which may include a biometric appointment for fingerprinting and an interview. During this period, it’s essential to monitor your case status and respond promptly to any USCIS requests for additional information.

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Reach out to our Wrightwood Green Card Attorneys Today

SSD Law Firm PC stands out as your go-to immigration lawyers in Wrightwood, offering strategic legal guidance and support. Our Green Card immigration lawyers are dedicated to providing a seamless experience with a free consultation and thorough case evaluation tailored to your needs and within your own language (English, Espanol, Punjabi, Hindi, Urdu, Lao). We understand the nuances of immigration law and are committed to helping you achieve your American dream with clear, informed, and compassionate legal representation. To get your case started, contact our Green Card Lawyer Wrightwood Department now.