B
O
C
GREEN CARD:
How does someone get a "green card"?
Individuals acquire lawful permanent residence in one of 4 ways:
employment sponsorship, applications by close family members,
asylum, and winning the visa lottery. In very limited instances,
individuals will also receive permanent residence by a judge in
deportation or removal proceedings.
What is the difference between "green card" status and
"lawful permanent residence."
They are actually the same. The alien residence cards used to
be green and the name was kept.
Under what circumstances do people lose their "green
card"?
People can lose their "green card" for failure to maintain lawful
permanent residence in the U.S. For example, if a person lives
outside the U.S. for prolonged periods without establishing an
intent to reside permanently in the U.S. or fails to file U.S. tax
returns. Individuals planning to remain out of the country for
more than 6 months are strongly urged to obtain a re-entry
permit (valid for up to 2 years) before departure. Individuals can
also lose their "green card" through deportation or removal
proceedings for a variety of reasons, the most common of which
is for criminal offenses.
What happens if my green card expires and I have not
received a new one in the mail? Am I out of status?
No. You are not out of status. However, you must appear before
an immigration officer to obtain an I-551 stamp in your valid
passport. To prevent this, you should apply to renew your
residency/green card at least 6 months before it expires.
NOTE: This does not apply to those having conditional
residency (or 2 year resident cards). If you have a conditional
residency you must apply for a removal of conditions with the
Immigration Service.
When a U.S. citizen plans to marry a foreign spouse, are
there any special immigration issues that should be
considered?
U.S. citizens who marry a foreign spouse, particularly while
abroad, is not a simple matter for immigration strategy. A wrong
decision can result in prolonged separation between husband
and wife. Therefore, it is advisable for someone contemplating
marriage to have a consultation with an immigration attorney to
determine the ideal plan.
If I am a legal permanent resident, can I file a fiancé
petition for my future spouse who is outside of the U.S.?
No, only U.S. citizens can file for a fiancee. As a legal permanent
resident you may file for a spouse who is outside of the U.S.
Bear in mind this process takes approximately 5 years or more.
I am married to a U.S. citizen. Does this mean that I
automatically get a green card?
No. Marriage to a U.S. citizen does not automatically bestow
permanent residence status upon the foreign spouse. Your U.S.
citizen must petition, or sponsor you, and your must also apply
for an immigrant visa.
I got my green card last year. I just got married overseas.
How do I get my new wife to the U.S., and how long will it
take?
First, you must file an immigrant visa petition for your wife with
USCIS. It could take USCIS more than 1 year to approve the
petition. After the petition, your wife must wait for an immigrant
visa to become available in her Family Preference category2A,
Spouse of LPR before she can apply for the immigrant visa at
the American consulate located in her country.
NOTE: The backlog in the 2A category is presently about 5
years from the date that the petition was filed with USCIS.
My spouse is a legal permanent resident, how long do I
have to wait to get my legal documents?
Your spouse may apply for your residency immediately.
However, you will have to wait approximately 5 years before you
receive your immigration documentation. Please refer to the visa
bulletin published by the department of state at:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
If a person is here as a "conditional resident" based on
marriage and the marriage breaks up before the two-year
period of conditional residency expires, is there anything
that can be done to preserve his/her status beyond that
period?
A common misunderstanding is that individuals cannot get the
condition removed from their status unless their marriage lasts
beyond the 2-year period after acquisition of conditional
permanent residence. USCIS recognizes that valid marriages
may break up. Accordingly, there are ways that individuals can
separate, divorce, and still maintain lawful permanent residence.
In most cases, the bona fides of the marriage must be well
documented in order to prevail. USCIS will scrutinize the
application and typically re-interview the foreign spouse. It is
wise to have legal counsel when pursuing such a case.
Why does it take so long to bring a sister or brother to live
in the United States?
Sisters and brothers of U.S. citizens, as well as their spouses and
unmarried children under age 21, are eligible to immigrate to the
United States. However, the brothers and sisters of U.S. citizens
immigration category -- category $ -- is allotted only 65,000 visas
per year. There is a far greater demand for the allotted visas
than there are visa available each year. Consequently, a
substantial backlog which is presently more than 10 years -- has
built-up over the years.
Our nanny is so wonderful with our children. She is here
is the U.S. on a temporary visa. Can we help her get a
green card?
If you are a U.S. citizen, you can sponsor your nanny through the
employment-based immigration process. The process requires
you to prove to the U.S. Department of Labor that you could not
find a qualified U.S. worker for the nanny job. The process to get
a green card for your nanny could take 3-4 years.
How does someone get a "green card"?
Individuals acquire lawful permanent residence in one of 4 ways:
employment sponsorship, applications by close family members,
asylum, and winning the visa lottery. In very limited instances,
individuals will also receive permanent residence by a judge in
deportation or removal proceedings.
What is the difference between "green card" status and
"lawful permanent residence."
They are actually the same. The alien residence cards used to
be green and the name was kept.
Under what circumstances do people lose their "green
card"?
People can lose their "green card" for failure to maintain lawful
permanent residence in the U.S. For example, if a person lives
outside the U.S. for prolonged periods without establishing an
intent to reside permanently in the U.S. or fails to file U.S. tax
returns. Individuals planning to remain out of the country for
more than 6 months are strongly urged to obtain a re-entry
permit (valid for up to 2 years) before departure. Individuals can
also lose their "green card" through deportation or removal
proceedings for a variety of reasons, the most common of which
is for criminal offenses.
What happens if my green card expires and I have not
received a new one in the mail? Am I out of status?
No. You are not out of status. However, you must appear before
an immigration officer to obtain an I-551 stamp in your valid
passport. To prevent this, you should apply to renew your
residency/green card at least 6 months before it expires.
NOTE: This does not apply to those having conditional
residency (or 2 year resident cards). If you have a conditional
residency you must apply for a removal of conditions with the
Immigration Service.
When a U.S. citizen plans to marry a foreign spouse, are
there any special immigration issues that should be
considered?
U.S. citizens who marry a foreign spouse, particularly while
abroad, is not a simple matter for immigration strategy. A wrong
decision can result in prolonged separation between husband
and wife. Therefore, it is advisable for someone contemplating
marriage to have a consultation with an immigration attorney to
determine the ideal plan.
If I am a legal permanent resident, can I file a fiancé
petition for my future spouse who is outside of the U.S.?
No, only U.S. citizens can file for a fiancee. As a legal permanent
resident you may file for a spouse who is outside of the U.S.
Bear in mind this process takes approximately 5 years or more.
I am married to a U.S. citizen. Does this mean that I
automatically get a green card?
No. Marriage to a U.S. citizen does not automatically bestow
permanent residence status upon the foreign spouse. Your U.S.
citizen must petition, or sponsor you, and your must also apply
for an immigrant visa.
I got my green card last year. I just got married overseas.
How do I get my new wife to the U.S., and how long will it
take?
First, you must file an immigrant visa petition for your wife with
USCIS. It could take USCIS more than 1 year to approve the
petition. After the petition, your wife must wait for an immigrant
visa to become available in her Family Preference category2A,
Spouse of LPR before she can apply for the immigrant visa at
the American consulate located in her country.
NOTE: The backlog in the 2A category is presently about 5
years from the date that the petition was filed with USCIS.
My spouse is a legal permanent resident, how long do I
have to wait to get my legal documents?
Your spouse may apply for your residency immediately.
However, you will have to wait approximately 5 years before you
receive your immigration documentation. Please refer to the visa
bulletin published by the department of state at:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
If a person is here as a "conditional resident" based on
marriage and the marriage breaks up before the two-year
period of conditional residency expires, is there anything
that can be done to preserve his/her status beyond that
period?
A common misunderstanding is that individuals cannot get the
condition removed from their status unless their marriage lasts
beyond the 2-year period after acquisition of conditional
permanent residence. USCIS recognizes that valid marriages
may break up. Accordingly, there are ways that individuals can
separate, divorce, and still maintain lawful permanent residence.
In most cases, the bona fides of the marriage must be well
documented in order to prevail. USCIS will scrutinize the
application and typically re-interview the foreign spouse. It is
wise to have legal counsel when pursuing such a case.
Why does it take so long to bring a sister or brother to live
in the United States?
Sisters and brothers of U.S. citizens, as well as their spouses and
unmarried children under age 21, are eligible to immigrate to the
United States. However, the brothers and sisters of U.S. citizens
immigration category -- category $ -- is allotted only 65,000 visas
per year. There is a far greater demand for the allotted visas
than there are visa available each year. Consequently, a
substantial backlog which is presently more than 10 years -- has
built-up over the years.
Our nanny is so wonderful with our children. She is here
is the U.S. on a temporary visa. Can we help her get a
green card?
If you are a U.S. citizen, you can sponsor your nanny through the
employment-based immigration process. The process requires
you to prove to the U.S. Department of Labor that you could not
find a qualified U.S. worker for the nanny job. The process to get
a green card for your nanny could take 3-4 years.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
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Questions: Green Card
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