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SSD Law Firm PC

Lawful Permanent Resident Card Attorney Minnesota

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Things to Know Now

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Do You Need Immigration Assistance in the Minnesota area?

Minnesota is a state with a population of approximately 5761530 people. Many people in Minnesota 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 Minnesota area. Additionally, we can also assist you with your application for a Lawful Permanent Resident Card throughout every state in America.

Lawful Permanent Resident Card Wait Times in Minnesota: 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.

Leaving the US During a Pending Adjustment 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.

What forms do I file for my Lawful Permanent Resident Card Application

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.

Documentation Required to Apply for a Lawful Permanent Resident Card in Minnesota

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

How Long Can You Use Your Lawful Permanent Resident Card?

Unconditional Lawful Permanent Resident Card = 10 Years

A Lawful Permanent Resident Card is typically valid for 10 years. For most lawful permanent residents (LPRs), this 10-year validity period applies, and they must renew their Lawful Permanent Resident Card before it expires to maintain their status. The renewal process involves filing Form I-90, Application to Replace Permanent Resident Card, which can be done online or via mail. It’s recommended to start the renewal process about six months before the card’s expiration date to avoid any lapse in status.

Conditional Lawful Permanent Resident Card = 2 Years

Conditional Lawful Permanent Resident Cards, issued to certain individuals such as those who obtained their status through marriage or as entrepreneurs, are valid for only 2 years. Conditional residents must apply to remove the conditions on their residency by filing Form I-751 (for marriage-based conditional residents) or Form I-829 (for investor-based conditional residents) within the 90-day period before their card expires. Upon approval, they receive a regular (unconditional) 10-year lawful permanent resident card.

Validity

It’s crucial for Lawful Permanent Resident Card holders to keep their card valid, as it serves as proof of their lawful status in the United States. An expired Lawful Permanent Resident Card can cause complications with employment, travel, and obtaining benefits. Lawful Permanent Resident Card holders must also ensure their information is up to date with the U.S. Citizenship and Immigration Services (USCIS) to avoid any issues with their permanent residency status.

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Reach out to our Minnesota Lawful Permanent Resident Card Lawyers Today

SSD Law Firm PC stands out as your go-to immigration lawyers in Minnesota, 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 Minnesota Department now.