Lawful Permanent Resident Card Attorney Lincoln

Lawful Permanent Resident Card Wait Times in Lincoln: What to Expect

The timeframe to obtain a Lawful Permanent Resident 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 Lawful Permanent Resident 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 Lawful Permanent Resident Cards

The processing time for employment-based Lawful Permanent Resident 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 Lawful Permanent Resident Cards

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

What Happens During an Immigration Home Visit?

If Immigration Officers decide to do an in home inspection regarding your Lawful Permanent Resident 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 Lawful Permanent Resident Card lawyer. Politely inform the officers that you choose to exercise this right and request to speak with a Lawful Permanent Resident Card lawyer.

Right to Legal Representation

You have the right to consult with a Lawful Permanent Resident Card attorney before answering any questions. If you do not have a Lawful Permanent Resident Card attorney, you can find one through local legal aid organizations or immigration advocacy groups in Lincoln. 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.

Checklist of Evidence for Lawful Permanent Resident Card Eligibility in Lincoln

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

What gets you a Lawful Permanent Resident Card in Lincoln?

A Lawful Permanent Resident (LPR), often called a “green card” holder, is an individual who has been granted the privilege to live and work in the United States permanently. This status allows the person to reside in the U.S., seek employment, and travel internationally, albeit with certain restrictions. LPRs must adhere to specific rules to maintain their status.Lawful Permanent Resident status is obtained one of two routes: either Consular Processing or Adjustment of Status. Consular Processing involves doing your immigration interview with an immigration officer from America while in another country abroad. Adjustment of Status on the other hand involves doing your immigration interview in the United States, usually without ever leaving the U.S..One of the significant advantages of being an LPR is the ability to work without needing employer sponsorship, which provides greater flexibility in job opportunities. Additionally, LPRs can travel outside the U.S. and re-enter, though extended absences may affect their residency status. It is crucial for LPRs to avoid actions that could jeopardize their status, such as committing certain crimes or failing to notify USCIS of a change of address.Moreover, LPRs have the opportunity to apply for U.S. citizenship after meeting particular requirements, including continuous residence in the U.S. for a specified period, demonstrating good moral character, and passing English and civics tests. Becoming a U.S. citizen provides additional benefits, such as the right to vote and protection from deportation.

Lawful Permanent Resident Card Benefits: A Comprehensive Guide

Obtaining a Lawful Permanent Resident Card provides numerous benefits:

Live and Work in the USA

Lawful Permanent Resident 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

Lawful Permanent Resident 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

Lawful Permanent Resident Card holders can travel more freely in and out of the U.S., though extended absences may affect their status.

Path to Citizenship

Lawful Permanent Resident 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.

Do Lawful Permanent Resident Card holders need a separate Work Permit in Lincoln?

Form I-765, Application for Employment Authorization, allows individuals to work legally in the United States while their Form I-485 (Application to Register Permanent Residence or Adjust Status) is pending. Filing Form I-765 with your I-485 is highly beneficial, as it provides a means to earn a livelihood during the often lengthy Lawful Permanent Resident Card application process.Submitting Form I-765 concurrently with your I-485 can expedite your ability to work legally, eliminating the need to wait for your Lawful Permanent Resident Card approval to start employment. At the time of this writing, submitting the I-765 with your I-485 can also be done for free. Additionally, an approved I-765 grants you an Employment Authorization Document (EAD), which serves as proof of your legal right to work in the U.S. This can be crucial for maintaining financial stability and accessing job opportunities while your Lawful Permanent Resident Card application is processed.In Lincoln, utilizing local legal resources can help ensure your I-765 and I-485 applications are correctly completed and submitted, maximizing your chances of a smooth and successful adjustment process.