Immediate Relative Green Card
Forms to Remember:
Form I-130, Petition for Alien Relative;
Form I-485, Application to Register Permanent Resident or Adjust Status;
Form I-131, Application for travel Document; and
Form I-765, Application for Employment Authorization
What to File:
Along with filing all of the necessary forms and required filing fees, you will need to provide evidence of the qualifying underlying relation to a United States citizens. You will also need to provide your passport and current and previous visas, birth certificates, and related biographical information as well as undergo a medical evaluation (Form I-693). In most cases, financial information and tax documents will need to be provided.
An immediate relative of a U.S. citizen are defined as either the spouse, parent, or unmarried child who is under the age of 21. Green cards or visa numbers are immediately available for immediate relatives. While this does not necessarily mean you will receive your green card immediately, it does mean you do not have to wait long priority lines in order to even begin the process. While processing is quicker, there can still be significant issues with your current immigration status as well as the timing of your work and travel authorizations that an experienced immigration attorney can help you navigate.
In most cases, if the immediate relative entered the United States legally, but have overstayed their status or have worked without authorization, they can still obtain a green card based on the sponsorship of the U.S. citizen-relative. In some circumstances, the immediate relative has entered illegally and without inspection. Generally, green card applications for immediate relatives who have entered illegally will not be approved unless the immediate relative is granted a hardship or provisional unlawful presence waiver. If you are an immediate relative of a U.S. citizen however, you entered the United States unlawfully and without inspection, it is crucial you consult with a knowledgeable immigration lawyer that can properly advise you and your family as to the most appropriate waiver options.
If you last entry into the United States was legal, even in the event you overstayed your status or violated the status of the visa you were on, you will also be able to apply for work and travel authorizations allowing your to freely work and travel in and out of the United States while the green card and your adjustment of status is pending. This is significant because current processing times can exceed one (1) year. Typically, applicants receive their Employment Authorization Document (EAD) and Advance Parole travel authorization within four months of filing. It is also important to note that work and travel authorization is only valid for one (1) year; often times, you will need to begin the renewal/extension processing 4-6 months before it expires so you can avoid any gap period in your ability to work and travel while you adjustment of status is pending. Because of this, you should always consult with an experienced immigration lawyer before filing an immediate relative green card.
Benefits to Immediate Relative Green Card Applicants
Concurrent Adjustment of Status - the United States government does not place a numerical limit on the amount of visas available to Immediate Relatives of U.S. citizens. This means that you can file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time the U.S. citizen spouse, parent, or child files the family-based green card petition. More importantly, this also means that the immediate relative of the U.S. citizen can wait in the United States with their family.
Travel Authorization - even though the immediate relative can remain in the United States while the family-based petition is pending, the ability to freely travel while the adjustment of status is pending is necessary. When filed with the initial petition, travel authorization will allow the immediate relative the ability to travel on Advance Parole, or permission to travel outside the United States without disrupting the adjustment of status. It is very important to note that the Form I-485, Application to Register Permanent Residence or Adjust Status must be filed while inside the United States. If a person departs the U.S. with a pending Form I-485 and without Advance Parole, the government will considered the person to have abandoned the application to register permanent residence. When you have received travel authorization or advance parole, you can use that to depart and reenter the United States without fear of abandoning your application.
Employment Authorization Document - similar to travel authorization, an application for employment authorization can be filed that will allow you to work for any employer, and can be used to demonstrate a valid employment authorization for I-9 verification purposes. Again, this card is valid for one (1) year however, there is an automatic 180-day EAD extension that immediate relatives will qualify for as long as the extension is filed before the current EAD card expires. Because changing employment may affect your current status or pending applications, you should always consult with an experienced immigration attorney before accepting new employment.
The immediate relative green card process can be an exciting time for you and your family. It can also be confusing and overwhelming when trying to navigate complex U.S. immigration laws. You should always consult with a knowledgeable and experienced immigration attorney that can help clarify the process and facilitate your immigration to the United States. Contact Diver Law Firm by calling (405) 896-8080 or by completing the form to below and schedule your free consultation and learn more about the immediate relative green card.
Marriage Green Card
Spouses of Green Card holders can qualify for their own green card as the first priority in USCIS’ Preference Categories however, they will not benefit from the immediate availability of a visa number. This mean that there will be a waiting period between applying for the green card and adjusting status. The current wait times can be found in the Department of State’s Visa Bulletin.
Forms to Remember:
Form I-130, Petition for Alien Relative;
Form I-485, Application to Register Permanent Resident or Adjust Status;
Form I-131, Application for travel Document;
Form I-765, Application for Employment Authorization;
Form I-864, Affidavit of Support Under Section 213A of the INA;
Form I-693, Report of Medical Examination and Vaccination Record; and
Form I-751, Petition to Remove Conditions on Residence
Grounds for Denial:
Generally, you must be admissible to the United States to qualify for a Green Card. Reason why you may be deemed inadmissible are listed at INA 212(a) and are called Grounds for Inadmissibility.
Marriages to a U.S. citizen qualify as an Immediate relative and follow similar requirements discussed above. The includes the ability to file a concurrent Application to Register Permanent Residence or Adjust Status (Form I-485) and receive your work and travel authorization while you wait to receive your green card. However, there are different rules and waiting periods depending on the immigrant-spouse’s nationality and the length of the marriage. If you and your spouse wish to file a green card based on a marriage to a U.S. citizen, you should consult with an experienced immigration attorney that can help you navigate the complex immigration process and prepare you and your spouse for all interviews and appearances before immigration officials.
What to File:
In order to receive your marriage-based green card, you must prove that your marriage to a U.S. citizen is bona fide. To prove this, the petitioner, or U.S. citizen or permanent resident, must show that both of your are legally able to marry at the time of filing your application. While this will largely be determined by state law (the legal requirements for marriage are determined by state legislatures and not by the federal government), disqualification typically includes issues with a previous marriage or divorce proceedings. Further, to establish the marriage is bona fide, you must be ready to show that you are intending to remain in the marriage together and not merely for immigration benefits. United States Citizenship and Immigration Services does not consider whether the marriage is viable; the government simply asks whether the relationship and marriage is real or fake. While the adjudication process is done by document review, a large portion of this determination is made during an in-person interview at a local USCIS field office. In order to demonstrate that the marriage is bona fide, you should be ready to provide the following, but not limited to:
Marriage Certificate and License;
Evidence of your shared assets or financial accounts and records;
Evidence of your cohabitation or co-ownership of real property;
Documentation of your wedding (reservations, announcements, save the date, photos, etc.);
Affidavits from friends and family attesting to your relationship;
Photos of you and your spouse traveling, during holidays, etc.; and
Evidence of courtship (communications, including texts, emails, etc.).
Conditional Permanent Residency
It is very important to know that if your marriage is more than two years old at the time of filing, you will be granted a full and permanent green card. However, if your marriage is less than two years old at the time of filing then you will receive a two-year conditional green card and must apply to remove those conditions at the end of the two-year period. This is done with Form I-751, Petition to Remove Conditions on Residence, which must be filed within 90 days of the expiration of your conditional green card.
In order to successful remove conditions on your permanent residence, you must remain married and satisfy the dual signature requirement. There are limited circumstances where the marriage has ended before the two-year period has expired yet permanent immigration benefits will be provided: widows, victims of spousal abuse or human trafficking, and those who can prove the marriage was entered into in good faith but ended in divorce. USCIS can require an additional in-person interview to adjudicate the petition to remove conditions if they feel it necessary.
Prepare for Your In-Person Interview
You should always present your strongest case; a strong petition with the necessary documentary evidence will alleviate some scrutiny from USCIS however, you and your spouse will still be required to appear for an in-person interview conducted at a local USCIS field office. At the interview, USCIS officers will go through the application and all required forms to ensure accuracy. They will also ask questions about educational and work history, residency and prior residences, criminal history, and will further inquire about the legitimacy of the marriage.
Immigration officers use this process to interact with applicants and will observe how the couple conducts themselves in person, and will be suspicious of any conduct that would lead them to believe the marriage is done for immigration purposes. If the questioning leads to suspicion, immigration officers can separate the couple to inquire more to see if their answers remain the same. They can even ask intimate questions relating to your personal relationship history and sex life. In some cases, USCIS schedules a times to inspect the marital residence to ensure your cohabitation and can inspect areas such as the bedroom, bathroom, and closet. While the government does not subject all applicants to the same scrutiny, it is always in your best interests to know how to avoid this type of scrutiny.
Also, it is important to know that you are permitted to bring an immigration attorney with you to this interview, which is high recommended for cases with an added level of complexities. Having your immigration attorney present can help keep questioning relevant and can ensure the proper legal explanation is provided should any of USCIS questions require it.
DACA - Deferred Action for Childhood Arrivals
(405) 896-8080
Contact Diver Law Firm Today
Complete the Form Below:
If your parents brought you to the United States without legal documents when you were a child, you may qualify for DACA, or Deferred Action for Childhood Arrivals. On June 15, 2012, President Barrack Obama created this program and was formally introduced with a memorandum issued by USCIS entitled, “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.” Deferred Action for Childhood Arrivals, or DACA, provided benefits to childhood arrivals, also known as Dreamers, who received protection from deportation or removal proceedings and work authorization. While helpful, the DACA program did not provide a direct pathway to citizenship nor did it provide advance parole travel authorization, which would allow international travel.
Is DACA Still Available?
Deferred Action for Childhood Arrivals was a significant topic leading into the 2016 General Election. It has been repeatedly attacked by President Donald Trump who has called for a Congressionally mandated response. On September 5, 2017, Attorney General Jeff Sessions announced a decision to end DACA effective March 5, 2018. Federal courts initially blocked a full removal of DACA benefits so that only renewal application can be accepted by the USCIS. However, a federal court recently reinstated DACA in its entirety. This means that DACA is currently available for those who are eligible for initial applications and renewals only. Because the program is still considered open, the federal government has reserved its right to appeal the decision. If you were a DACA recipient, or you or a loved one are seeking DACA protection, call Diver Law Firm to schedule your free case evaluation and discuss your eligibility and the requirements to apply or renew your work authorization.
The Deferred Action and employment authorization will be valid for period of two (2) years. In order to qualify you must:
Have entered the United States, with or without documents prior to your 16th birthday;
Were under the age of 31 as of June 15, 2012;
Have entered the United States, with or without documents prior to June 15, 2012, and must continue to reside in the United States without any significant departures from the United States since that time;
Have continuously resided in the United States since June 15, 2007 until present;
Have also been physically present in the United States on June 15, 2012 and at the time of filing your DACA application;
Either be currently enrolled in school or graduated from U.S. public or private elementary, middle or high school, or in an education, literacy or career training program, including a vocational program or GED program, or have been honorably discharged from the U.S. Coast Guard or U.S. Armed Forces; and
Not have a felony conviction, significant misdemeanor conviction, three or more misdemeanors or pose a threat to U.S. national security or public safety.
Contact Diver Law Firm today for a free case evaluation and consultation with you and your family on the best path to take in preparing for and petitioning on behalf of your loved ones in their immigration case. An experienced immigration attorney can advise you and your loved ones on the timing of the immigration process and can make sure you and your family are prepared for all scheduled interviews with immigration officials. Contact Diver Law Firm at (405) 896-8080 or by completing the form above and provide a brief explanation of your family’s circumstances. We hope to advise on the best path forward as soon as possible.