Consular processing once was the only means of obtaining an immigrant visa. After the Immigration and Nationality Act introduced the Adjustment of Status for Permanent Residence, it became a highly popular method of achieving permanent resident status after entering the United States.

If you have an approved immigrant visa petition and are currently residing in the United States, you may be eligible for an adjustment of status. If you are considering such a step, having an experienced lawyer is essential. Applying for permanent resident status (through what’s called the I-485 package) is a detailed, arduous process.

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 Immigration Attorney Morristown, NJ 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 Immigration Attorney Morristown, NJ 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.

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.

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.

If your father is a U.S. citizen or green card holder, he can sponsor you for a green card. This is the case even if his name isn’t on your birth certificate. In this situation, you might need to provide a DNA test, and evidence that you have had an emotional relationship. Cards or letters, money orders, or other forms of documented communication would count.

In this case, the determining factor is when your biological parent married your stepparent. If you were under 18 when your biological parent married your stepparent, then your stepparent can sponsor your green card application – even if you’re currently over 21.

For an employer to sponsor a foreign national for a green card, the employer would have to demonstrate inability to find a qualified U.S. worker. The employer may demonstrate this by running ads in a local paper. The employer then must demonstrate the ability to pay your wage, generally by presenting tax returns.

If you are facing persecution in your home country, you can apply for asylum within one year after your arrival in the U.S. You can also apply if you are directly at risk because of revolution or religious or political violence in your country, as well as persecution from a gang. If you can demonstrate changed circumstances in your home country – for example, a revolution – you may apply after being in the U.S. for one year. In any case you will need to provide documentation supporting your fears. An experienced Immigration Attorney Morristown, NJ can help you compile the evidence you need.

If you have a green card you can use the I-131 form to apply for a reentry permit. This will allow you to stay outside the U.S. for two years. You will have to submit proof of why you want to study abroad, and submit fingerprints before you obtain that permit. If you leave the U.S. without submitting your fingerprints, USCIS will deny your application for a travel permit.

A Lawful Permanent Resident (“green card holder”) could remain a green card holder, or petition to become an American citizen. To become eligible to apply for citizenship, you must be at least 18 years old, you must have been a Lawful Permanent Resident for five years (or three if you are married to a U.S. citizen), without any significant absences (6 months or more). Additionally, you must satisfy the following:

• Evidence of good moral character.
• Establish knowledge of U.S. history and government.
• Demonstrate the ability to read and write basic English.
• Establish knowledge of and attachment to the U.S. Constitution.

When a client has an initial consultation, the Immigration Attorney Morristown, NJ should gather as much information as possible in order to set forth realistic expectations. Before proceeding with a naturalization application, it is important to know if a client has been subject to any past legal problems, such as an arrest, taxation issues, or a period when the person fell out of status. An attorney can accompany the applicant to the naturalization interview, which is especially helpful if English is not a client’s strongest language. If a client cannot speak English at all, an attorney may be able to file a medical exception. If you have had a green card for 20 years and are at least 50 years old, or 15 years and are at least 55 years old, you will still have to pass the history and civics part of the citizenship test, but can take the test in your native language. A mental or physical disability might also be grounds for an exemption.

Your options depend upon the scenario and upon the type of green card you have. If you are coming up on the end of a 10-year green card, you can file for citizenship with the N-400, or file the I-90 to replace or renew your green card.

The I-90 process will take many months. If you’re worried about traveling during this process, go to the Immigration Office and schedule an InfoPass appointment. If you demonstrate that you are a green card holder and that you’ve filed the I-90, and supply your finger prints, the Office will give you an I-551 stamp allowing you to travel.

If you have a two-year (conditional) green card, you will need to file an I-751 petition to convert your two-year to a 10-year green card.

You have three possible choices: file an N-400, an I-90, or an I-751. In any case, consult with an experienced Immigration Attorney Morristown, NJ to pick the right option for you, and to ensure that you have the proper documentation ready.

The I-751 is a petition for a conditional permanent resident who obtained status through marriage to remove the conditions on his or her permanent resident status. If your spouse is abusive and refuses to file the paperwork, you can apply for a waiver of the requirement that couples jointly file. You would need to demonstrate the abuse. Acceptable documents would include:

• Hospital records
• Therapist records
• Photos
• Affidavits

You also must supply evidence that yours was a good-faith marriage. Beyond this, the documentation you need will be the same you would have needed had you been filing jointly.

You might be in this position if you’re a U.S. citizen trying to sponsor a family member. Rest easy: you can replace a Certificate of Naturalization, though the process may take up to a year. You will need to submit an N-565 form.

If you have entered without examination or your visa has expired, there is a chance that you may be eligible for 245(i) status. This was a temporary provision of the 1965 Immigration and Nationality Act that allowed foreign nationals who entered the country illegally, had been out of status, or worked without authorization to apply for adjustment of status without being required to leave the country to do so.

Before it was ultimately rescinded, President Clinton briefly brought back the 245(i) exception for the months of January through April 2001. However, one provision permits “grandfathered” immigrants (i.e. beneficiaries of visa petitions and labor certification applications filed by April 30, 2001) to file section 245(i) adjustment applications. Another provision allows certain employment-based immigrants to file for adjustment of status under the normal procedures set forth in section 245(a), despite periods of unlawful presence in the United States.

If you applied for a visa between January and April of 2001, you would have been protected and may still be able to adjust your status now.

“Unlawful presence” is time spent in the U.S. unlawfully – as, for example, on an expired visa, or after originally entering the U.S. by unlawful means. “Unlawful presence” can seriously affect your opportunities to return to the U.S. if you leave. If you’ve been in the U.S. unlawfully for six months to one year, you may be barred from reentering the U.S. for three years. If you’ve been in the U.S. unlawfully for more than one year, you may be barred from reentering the U.S. for 10 years. In either case, the bar is only triggered when you leave the U.S.

Luckily, if you are an immediate relative of a U.S. citizen, the I-601 and I-601A waivers can help. These acknowledge that removal would cause undue hardship, and are for that reason called “Hardship Waivers.” Note: this this means hardship to the U.S. citizen (not the undocumented spouse). Hardship can be medical, psychological, or financial. You can apply for the I-601A without even leaving the U.S.

Required Documents for I-601

To Show Hardship to you, your U.S. Citizen Spouse:

• Notarized affidavit from USC spouse.
• Notarized affidavit from you.
• Photos of family (birthday parties, holidays, pets, babies, etc.).

Evidence of Status and Relationship:

• Evidence of your relationship to your spouse: birth records, marriage certificates, etc.
• Evidence of your spouse’s immigration status: copy of naturalization certificates, birth certificates, green cards, and passports.

Evidence of Medical Hardship:

• Original Doctor’s letter regarding ANYmedical, emotional, mental/physical incapacity/condition of your spouse (or a close relative in your spouse’s care) and the treatment The doctor’s letter must include nature of condition (chronic or acute, or long or short term), ongoing treatment needed, specialized treatment needed, duration of treatment, and availability and quality of treatment abroad (if known).
• Copy of medical and hospital records of your spouse (or a close relative in your spouse’s care).

Evidence of Financial Hardship:

• Letters or documents showing financial contributions to your family.
• Proof of paying (provide copies):
  • Rent/mortgage—if you do not have a lease/mortgage.
  • Utility bills.
  • Child support to any children (including from previous relationships).
  • Childcare.
  • Alimony/Pension (including previous relationships).
  • Groceries.
  • Education related expenses: private school, tutors, school books and supplies, transportation.
  • Vehicle titles and insurance policy.
  • Medical bills, hospital bills, prescription bills, health insurance bills.

Proof of Income:

• If you are employed, an original letter from your current employer. It should include information regarding the nature/duration of your employment, and your earnings.
• Copy of documents regarding ownership of property, business, assets, stock, etc.
• Original Letter of Employment for spouse. It should include information regarding the nature and duration of employment, and hours and earnings.

Evidence of Emotional Hardship:

• Original Psychological evaluation of USC spouse stating how your spouse would be affected by your departure. Ask an Immigration Attorney Morristown, NJ for a recommendation.

Evidence of Education:

• Copy of School Records of you, your spouse, and your children that include:
  • Grades.
  • Participation in any Special Needs Program.
  • Participation in Advanced Placement Program.
  • Letters/Documents confirming participation in sports, and extracurricular programs.

Evidence of Hardship if spouse relocates to foreign country:

• Newspaper articles/documents regarding violence, war, natural disasters, living conditions, etc.

To Show Good Moral Character

• 2- 3 Notarized Affidavits of witnesses attesting to your good moral character. These must come from U.S. Citizens/Legal Permanent Residents: family members, friends, coworkers, landlord and priest/pastor.
• Letters/documents showing participation and volunteer work in your community.  For example:  any help that you have given to neighbors, such as yard work, rides, etc.
• Original letters of recommendation from past employers.
• Original letters of recommendation from religious organizations you belong to.
• Original police clearance letters from every city where you have lived since age 15.
• Copy of driving record (if applicable).
• Copy of tax records (evidence that you have paid taxes for every year you have worked) (Including: IRS Letter 1722 (call 1.800.829.1040 and ask the agent to fax the form to you).
• Copy of school records (college or vocational or English language training, etc.).
• If you have ever been arrested:
  • Original certified disposition for every arrest (if applicable)
  • Copy of certificates of completion of rehabilitation programs (AA, NA, Life Skills, domestic violence, driving under the influence, or controlled substance).
  • Original letter to probation/parole officer.

Traffic violations will not make you ineligible for citizenship. Other minor violations or misdemeanors – for example, shoplifting – will probably not affect your application. Arrests and convictions for more serious offenses – like assault, sexual assault, or a drug crime – will negatively affect your application. You must be sure to have copies of all dispositions from prior arrests and bring these to your consultation with an Immigration Attorney Morristown, NJ.

One of the terrific benefits of U.S. citizenship is that you will not lose it if you reside in another country, no matter how long.

This isn’t the case for green cards, which do have a residency requirement. Without special permission, if a green card holder outside the U.S. for 12 months or longer risks losing his or her green card. Even after six months outside of the U.S. a green card holder will face more intense scrutiny at the border or in the airport coming back.