Eligibility Guidelines for Lawful Permanent Resident Card Applications in Livermore
Qualifying for a Lawful Permanent Resident Card in Livermore 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.
Can You Travel Abroad While Your Lawful Permanent Resident Card Application is Pending?
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
- 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.
- 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.
- 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
- 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.
- 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).
- 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.
- 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 attorney 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.
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 lawyer 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 Livermore. 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.
Checklist of Evidence for Lawful Permanent Resident Card Eligibility in Livermore
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 Livermore, our immigration attorneys can provide assistance in gathering the necessary documents and ensuring that all requirements are met.
A Guide to Immigration Fees for Lawful Permanent Resident Card Seekers in Livermore
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 lawful permanent resident 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.
Do Livermore Lawful Permanent Resident Card Applicants Always Need a Sponsor?
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.