Family-Based Adjustment of Status

Whether you are a longtime resident or a newcomer to the country, you’ll want to make sure you understand the process of family-based adjustment of status. It is an option that can help you maintain your residence in the United States while pursuing your dreams of becoming a citizen.

I-751 Petition For Conditional Residence

Generally, you can use the USCIS form I-751 to request a change of status from conditional to permanent resident. However, the petition must be filed within 90 days of the conditional green card’s expiration. There are some exceptions to this rule.

To apply for a waiver, you must demonstrate that the circumstances are more severe than those faced by the average deportee. Examples include being physically abused or suffering from severe mental cruelty. You must also provide copies of supporting documents from the time of your marriage until the time of separation.

As with any immigration application, I 945 you should consult with an immigration lawyer. An experienced attorney can help you determine if you have a good case.

The I-751 application must contain the right information, as USCIS may deny an application if the petition contains false information. You can get additional information from a lawyer or your caseworker.

In the context of a marriage, the I-751 petition should contain details that are both unique and relevant to your case. For example, you may include your spouse’s fingerprints on your I-751 petition. You may also want to include your spouse’s birth certificate and marriage certificate.

Aside from the I-751 petition, you may also want to file a waiver or an individual filing request. These are the most common types of adjustment of status applications. In the case of a waiver, you must show that your spouse had been physically abused and was suffering from severe mental cruelty.

The I-751 petition may be the most important part of the application, Adjustment of Status Through Marriage but you may also need other supporting documents. For example, you may need to provide documentation of a shared life such as mortgage documents, bank accounts, or rental properties.

If you have a child under the age of 21, you may also want to include them in your petition. You should include their fingerprints and military identification cards in your package. You should also include two passport style photographs. This is the same type of evidence that is used at a green card marriage interview.

You may want to consider filing for a waiver of the joint filing requirement if you are going through a divorce. This will allow you to corroborate your reasons for not filing jointly with documented evidence.

Abandonment of LPR Status

Leaving the United States without intending to return may be a big deal, especially if you are an LPR. In the US, there are several rules concerning loss of status. You need to be aware of them and know what to do if you are planning a long-term absence. If you are an LPR, you should seek legal counsel.

One of the main goals of immigrants is to obtain a lawful permanent resident status. This status is granted to those who intend to make the United States their permanent residence. To maintain this status, an alien must spend time in the United States and not break any laws.

If you are an LPR and plan on going abroad for an extended period of time, you should consider obtaining a re-entry permit. This is a passport-style document issued by the United States Citizenship and Immigration Service (USCIS) that proves your intent to return to the U.S. If you are unable to obtain a re-entry permit, you may be subject to heightened scrutiny by USCIS.

In addition to obtaining a re-entry permitting, you may also want to consult an immigration attorney if you are worried that you may lose your LPR status. Several LPRs believe that their homes abroad are their proof of continued status, but this is not always the case. You should explain your reasons for leaving the country and how you intend to return.

USCIS may question a returning LPR on whether or not they abandoned their LPR status. It is important to be able to explain to the inspection officer why you intend to return. The agency also has a rebuttable presumption that a lawful permanent resident is entitled to stay in the United States if they have been absent for more than 12 months.

To maintain your LPR status, you may want to consider preserving your residence. You may be able to do this by providing evidence of a valid bank account in the United States. In addition, you may also want to file your United States income tax returns to show your intent to stay.

Consular Processing

Whether you are applying for an immigrant visa, green card, or family-based adjustment of status, you will want to consider the pros and cons of each method of processing. If you do not know where to begin, the team at Immigrants First can help you determine which process is best for you. The process is not always easy, but with the help of an experienced immigration attorney, you can save time and money.

The consular process involves an interview at the US consulate and a medical exam by a USCIS-approved physician. There are also fees involved in the process, which vary depending on the type of underlying petition. A consulate will also require a passport and original documents.

Immigrants First has handled hundreds of family-based petitions through consulates abroad. They have also handled approved immigrant visas. In some cases, an IV consular processing may be a good option for applicants who are outside the U.S., especially if the applicant has a family member who is a citizen of the U.S.

Applicants for consular processing will need to provide police certificates from every country of residence since the age of 16. Immigrants with a valid visa can work while the application is pending, but they must remain in their home country while the application is being processed. The visa will be issued after the consulate begins processing the application. If the visa expires, the immigrant will be barred from reentering the U.S. For a period of three years.

The consular process is faster than the USCIS process. You will have a final decision in a week. However, if you are ineligible, your application will not be considered. Consular processing also requires you to pay a higher fee. This fee can range from $345 to $1,140.

Aside from the fee, consular processing also requires applicants to be physically present in the U.S.. In contrast, adjustment of status applicants must submit all required documents at a USCIS office. They also must pay their fees up front.

The consular process has many benefits, but it also has its disadvantages. There are some risk factors involved. Immigrants who live in the United States unlawfully can face penalties. They will also have fewer options when dealing with consular officials. In addition, the consulate may charge travelers for travel expenses.

Preserving Residence For Naturalization

Applicants who seek naturalization in the United States must be able to demonstrate their residence in the country. There are two methods of establishing residency: continuous residence and physical presence. Continuous residence is based on an applicant’s actual physical presence in the United States, while physical presence is a broader definition of residence.

Continuous residence is the requirement that most naturalization applicants must meet, but there are exceptions. For example, battered children of U.S. citizens can apply for citizenship after a three-year period of residency, or a U.S. citizen’s spouse may apply after a three-year period of residency. For certain individuals, such as lawful permanent residents (LPRs), preserving continuous residence may be difficult.

During naturalization proceedings, the Department of State considers an applicant’s absence from the United States for at least 180 days and for a year before determining an applicant’s eligibility to become a U.S. citizen. In some cases, USCIS may consider the entire period of an LPR’s admission to the United States.

If an applicant has been absent from the United States for a year or longer, the applicant may be found to have interrupted their residence. In these cases, a reentry permit may be issued to allow the applicant to return to the United States. However, the applicant’s continued absence from the United States during naturalization proceedings may still prevent them from becoming a US citizen.

The Department of State also has rules regarding the abandonment of LPR status. The Department considers the entire period an LPR was admitted to the United States, including any time the individual has been absent from the United States for more than six months.

If an individual has a legal permanent resident status, but has to work abroad, the individual must submit Form N-470 to the United States Citizenship and Immigration Services (USCIS) before he or she can continue working in the United States. In addition, the individual must meet the one-year continuous physical presence requirement before working in the United States again.

Continuous residence is a very difficult requirement for naturalization applicants, but if the applicant can meet the requirement, the applicant will likely be able to become a US citizen. The Baker Donelson Immigration Group provides guidance and assistance to clients to help them establish and maintain their permanent resident status in the United States.