Common Green Card Scenarios
If you have or are applying for a Green Card, you may have questions. Here are some common Green Card scenarios that may apply to you.
Common Green Card Scenarios | Spouse and Children Included on Application
Just the other day I had a question from one of our clients who has a family, a spouse and children, and they’re being sponsored. They were very, very interested to know if their spouse and children could be included in their Green Card application. My general answer is yes; your spouse and minor children can almost always be included in your Green Card application. Initially, they are usually not included. You are considered the principal beneficiary and after your initial application or petition is approved, very often after at the second or third stage your spouse and children can be named as derivative beneficiaries.
Common Green Card Scenarios | Adult Children Included on Application
If they are in the US, then they will be included in your final processing for your Green Card and if they are abroad you will process for them after you have obtained your Green Card. It is very important to bring up all issues regarding family to your immigration attorney right from the beginning because the timing of the ages of your children is critical. Many times if they are over 21, they will be excluded from your application. This is a very, very relevant topic.
Common Green Card Scenarios | Losing Your Card
Recently, I was consulted by an individual who was concerned: they have a Green Card, but they have to travel very frequently, and they also have an ill parent in another country and they are planning on travelling and staying outside of the US for a number of months, possibly more than six months, and they were worried about losing their green card status. This is a very important question because when you are a Green Card holder there is definitely a residence requirement.
Common Green Card Scenarios | Residence Requirement
The technical residency requirement is that you cannot be outside of the US for more than twelve months without getting special permission. However, the truth of the matter is that many times if people are outside of the US as a Green Card holder for over six months, when they come into the airport, the inspectors in the airport give them a hard time because they suspect that they’re not maintaining their lawful permanent residence status. This is a very important issue and if you considering travelling and remaining outside the US for over six months, in particular over one year, definitely consult an immigration lawyer about getting a special permit to remain outside the US and not risk losing your Green Card status.
If you need help with your application or have misplaced your Green Card, please call our experienced New Jersey immigration attorney Susan Scheer today to schedule a consultation.