What to Know about Green Cards
Applying for a green card can be scary or exciting, maybe even both. There is plenty to think about and you want to be as informed as possible. You may be wondering if you are eligible and what you need to do to get one. Here is some basic information to get to know about green cards.
Obtaining a Green Card
In the United States, a green card allows immigrants to live and work in the country, and it can be the first step toward permanent citizenship. The different types of green cards are:
- Family-based — If you are related to a U.S. citizen, such as a spouse, parent, child or sibling, you can apply for a family-based visa, which can be upgraded to a green card after approval. To apply for a family-based green card you will need to fill out the I-130 forms.
- Employment-based — When you are offered permanent employment in the United States, you can be sponsored for a green card by your employer. Your or your employer’s attorney can assist in filling out the necessary I-485 paperwork.
- Asylum — When citizens of another country have a fear of persecution or violence upon returning to their homes, the United States can offer asylum status. A year after your asylum is established, you and your family can apply for a green card. An attorney can help you complete the I-589 forms.
If your case meets one of these three sets of qualifications, you can apply for a green card.
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Translating Documents
You will need to get your documents translated into English before you go to your review at the U.S. Embassy. These translations must be certified. You will need to submit the originals as well as the translations to the National Visa Center, a sort of intermediary between the USCIS and the Embassy, before you go to your Embassy review.
Including Children and Spouse on Green Card Application
Your spouse and children can almost always be included on a green card application. You must begin, however, by applying as an individual. The applicant is the principal beneficiary. After your initial petition is approved, you can name your spouse and children as derivative beneficiaries. If they are already in the U.S., you can go through final processing together. If they are outside of the U.S., they can go through processing separately, after you’ve obtained your green card.
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.
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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.
Obtaining a Green Card through Marriage to a U.S. Citizen in New Jersey
Obtaining a Green Card, also known as permanent residency, through marriage to a U.S. citizen is a common pathway for individuals seeking to establish their life in the United States. New Jersey, with its vibrant communities and diverse opportunities, serves as an attractive destination for immigrants. In this comprehensive guide, we will outline the essential steps and requirements involved in obtaining a Green Card through marriage to a U.S. citizen in the state of New Jersey.
Step 1: Determine Eligibility
Before embarking on the journey toward obtaining a Green Card, it is crucial to ensure you meet the eligibility requirements. To qualify for a Green Card through marriage, you must:
- Be legally married to a U.S. citizen.
- Prove the validity of your marriage through supporting documentation.
- Establish that your marriage is not fraudulent and entered into solely for immigration purposes.
- Adhere to all U.S. immigration laws and regulations.
Step 2: Filing the Petition
The first step in the Green Card application process is for the U.S. citizen spouse to file Form I-130, Petition for Alien Relative, on behalf of the foreign spouse with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the beneficiary (foreign spouse).
Step 3: Filing the Adjustment of Status
Once the I-130 petition is approved, the foreign spouse can proceed with filing Form I-485, Application to Register Permanent Residence or Adjust Status. This form enables the foreign spouse to apply for a Green Card while residing in the United States. It is essential to include all required supporting documentation, such as proof of identity, medical examination, and financial affidavits.
Step 4: Attend the Biometrics Appointment
After filing Form I-485, the USCIS will schedule a biometrics appointment for the foreign spouse. During this appointment, fingerprints, photographs, and other biometric information will be collected for security and identification purposes.
Step 5: Attend the Green Card Interview
Following the biometrics appointment, the USCIS will schedule an interview for the couple at the nearest USCIS field office. The interview aims to assess the validity of the marriage and the credibility of the relationship. It is crucial to prepare for this interview by gathering evidence of a bona fide marriage, such as joint bank accounts, property leases, photographs, and testimonies from family and friends.
Step 6: Receive the Green Card
If the USCIS is satisfied with the evidence presented and determines that the marriage is genuine, the foreign spouse will be granted conditional or permanent residency. Conditional residency is typically granted when the marriage is less than two years old at the time of the Green Card approval. After two years, the conditional status can be removed by filing Form I-751, Petition to Remove Conditions on Residence.
Step 7: Establishing Residency in New Jersey
Once you have obtained your Green Card, it is important to establish your residency in New Jersey. This involves updating your address with the USCIS and other relevant government agencies. You may also need to update your driver’s license, obtain a Social Security number, and familiarize yourself with the local community and resources available to immigrants.
Step 8: Exploring Opportunities and Integration
New Jersey offers a wide range of opportunities for immigrants to integrate and thrive in their new home. Take advantage of the diverse communities, educational institutions, and employment prospects available in the state. Attend cultural events, join local organizations, and connect with immigrant support networks to build a strong foundation in your new community.
Step 9: Removal of Conditional Residency (if applicable)
If you were granted conditional residency, it is important to be aware of the requirements and timeline for removing the conditions on your Green Card. Approximately 90 days before the expiration of your two-year conditional Green Card, you should file Form I-751 to petition for the removal of conditions. This form requires evidence that the marriage is still valid and genuine. Failure to file the petition on time may result in the termination of your residency status.
Step 10: Naturalization and Citizenship
Obtaining a Green Card through marriage is an important step toward permanent residency in the United States. After a certain period of continuous residency, you may become eligible to apply for U.S. citizenship. The naturalization process involves meeting additional requirements, including demonstrating proficiency in English, knowledge of U.S. history and government, and exhibiting good moral character. Consult with an immigration attorney to understand the eligibility criteria and procedures for naturalization.
Obtaining a Green Card through marriage to a U.S. citizen in New Jersey opens the doors to a new life in the United States. By following the outlined steps and fulfilling the necessary requirements, you can navigate the process successfully. Remember, the immigration journey can be complex, and it is always advisable to seek guidance from an experienced immigration attorney who can provide personalized assistance and ensure that your rights and interests are protected throughout the application process. With determination, preparation, and adherence to immigration laws, you can achieve permanent residency and build a brighter future for yourself and your family in the Garden State.
At The Scheer Immigration Law Group, we understand the complexities and importance of obtaining a Green Card through marriage to a U.S. citizen in New Jersey. Our experienced team is dedicated to guiding and assisting individuals throughout the entire process, ensuring a smooth and successful application. Here’s how we can help:
Expert Guidance: We provide expert guidance and legal advice on the eligibility requirements, necessary documentation, and procedural steps involved in obtaining a Green Card through marriage. We stay up-to-date with the latest immigration laws and regulations to provide accurate and reliable information.
Document Preparation: Our team assists in preparing and organizing all the required documents for your application, including the I-130 petition, I-485 adjustment of status, and supporting documentation. We ensure that your paperwork is complete, accurate, and submitted within the specified timelines.
Interview Preparation: We understand the significance of the Green Card interview in determining the validity of the marriage. Our team will thoroughly prepare you and your spouse for the interview by conducting mock interviews, guiding you on answering questions confidently, and helping you gather relevant evidence to establish the authenticity of your relationship.
Communication and Representation: We act as your advocate and communicate with the USCIS on your behalf. Our team will handle any correspondence, requests for evidence, or inquiries from the immigration authorities, ensuring that all required information is provided promptly and accurately.
Conditional Residency Removal: If your Green Card is initially granted on a conditional basis, we assist in the process of removing those conditions. Our team will guide you through filing the I-751 petition and provide assistance in gathering the necessary evidence to demonstrate the legitimacy of your marriage.
Naturalization Assistance: If you aspire to become a U.S. citizen in the future, our team can provide guidance on the naturalization process. We will help you understand the requirements, prepare for the naturalization interview, and ensure that your application is filed accurately and in a timely manner.
Personalized Support: Each case is unique, and we understand the importance of personalized attention. We work closely with you, providing support, addressing your concerns, and keeping you informed at every step of the process. Our goal is to make your journey toward obtaining a Green Card as smooth and stress-free as possible.
Losing Your Green Card After Divorce
There is a common misconception that if you are an immigrant and your green card status derives from your marriage to a U.S. citizen, you automatically forfeit your legal status in the U.S. if you and your spouse divorce. The good news is that the law is on your side in this case, and there are options available to retain your green card even if the marriage that brought you to the U.S. happens to end. As with every aspect of immigration law, though, this is a tricky matter, and there are certain standards that must be met at every step of the way in order to ensure that you can remain legally in the United States. Are you worried about losing your green card after divorce? In the video below, Morris County immigration attorney Susan Scheer details how newly divorced green card holders in New Jersey can work to keep their green cards and continue building their lives in the U.S.
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It is definitely possible to file your I-751 petition to convert a two-year conditional green card to a permanent tenure green card, even if you are divorced. In fact, the documentation is identical. Whether you are still married or you are divorced, the documentation does not change. In theory, if you were still married but had weak documentation, even though you were still married, immigration would not approve the I-751 petition. Conversely, if you were divorced and had very strong evidence that it was a real marriage, and you had many documents that were issued jointly, this would be perfect evidence of a bona fide marriage, and the fact that you were divorced would have no bearing whatsoever. If you are divorced and you were married, living together for a short period, but the divorce occurred because of abuse, if you can demonstrate the abuse through police documentation and court documentation, that is one exception to needing two years of full documentation.
If you have questions about losing your green card after divorce, contact our office today for clarification.
At The Scheer Immigration Law Group in Morristown, New Jersey, we represent clients throughout Morris, Essex and Sussex counties with immigration law issues, including green card, non-immigrant visa, student visa and deportation matters. Our firm has been in operation for more than 25 years, and in that time, we have guided countless individuals, families, businesses and employers through the complex area of immigration law. We believe that every one of our clients should be able to prosper in this country, and we use our knowledge of the U.S. legal system to ensure that your rights are protected.
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New Jersey Immigration Lawyer Discusses Studying Abroad With Just a Green Card
As an experienced New Jersey Immigration Lawyer, I am often asked by clients about if you can study abroad with just a Green Card. Recently, someone came to my office, they were a Green Card holder for six years, and they wanted to study abroad for over one year. It’s a fairly common request to study abroad, work abroad. They wanted to know how they could leave the US without damaging their Green Card status. The USCIS has produced a form for this purpose called the I-131, and this form has multiple purposes. One of them is to obtain a reentry permit, and that permits a Green Card holder to remain outside of the US for up to two years.
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When someone applies for the reentry permit, they must be in the US when they apply, and they must stay here until they have taken their fingerprints. If people are in such a rush that they leave before they have taken their fingerprints, the application will be denied. It is definitely possible to take your fingerprints, go abroad, and designate an embassy or another location abroad where you want the reentry permit to be mailed. You have to submit proof of your status, photos, the filing fee, and a legitimate reason why you want to remain abroad. My advice to people who are thinking about traveling abroad is to plan ahead and file for that reentry permit. That way, you won’t have to be rushing back, and you won’t have to be worrying about any problems with your Green Card status.
Do you want to study abroad but you haven’t applied for a reentry permit yet? Contact our New Jersey Immigration Lawyer for help.
This educational blog was brought to you by Susan Scheer, an experienced New Jersey Immigration Lawyer.
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If you are looking to gain citizenship to the United States or would like to know more about green cards, speak to one of experienced Immigration Attorneys in Morristown, NJ. Susan Scheer has over three decades of experience keeping families together.
