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SSD Law Firm PC

Lawful Permanent Resident Card Attorney Cudahy

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Things to Know Now

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Do You Need Immigration Help around the Cudahy area?

Cudahy is a city with a population of approximately 21198 people. Many people in Cudahy are illegal but can get their Lawful Permanent Resident Card with some legal assistance. Our law office can help with all types of Lawful Permanent Resident card cases in the Cudahy area. Additionally, we can also assist you with your application for a Lawful Permanent Resident Card throughout every state in America.

Traveling With a Pending Lawful Permanent Resident Card Application

Traveling abroad while your Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident 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 lawyer. 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 lawful permanent resident card, consult with a Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Card application.

Understanding the 90 Day Rule in Immigration Law

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 attorney can provide guidance tailored to specific circumstances and help navigate the complexities of U.S. immigration laws.

The Path to a Lawful Permanent Resident Card: Eligibility Explained

Qualifying for a Lawful Permanent Resident Card in Cudahy follows the same federal guidelines as the rest of the United States. The primary pathways to obtain a Lawful Permanent Resident 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 lawful permanent resident 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 Lawful Permanent Resident 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 lawful permanent resident card.
  • Employment-Based Visas: Individuals with a job offer in the U.S. can qualify for a Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Cards annually.

Process to Adjust Status in Cudahy

In order to apply for your Lawful permanent resident 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 Lawful Permanent Resident 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 Lawful permanent resident 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 Cudahy Lawful Permanent Resident Card Lawyers Today

SSD Law Firm PC stands out as your go-to immigration attorneys in Cudahy, offering strategic legal guidance and support. Our Lawful Permanent Resident 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 Lawful Permanent Resident Card Attorney Cudahy Department now.