That’s Right! Your Lawful Permanent Resident status will not expire!
Once you have your U.S. Green Card, you are a lawful permanent resident (LPR) of the United States. Your status will not expire as long as you maintain certain ties to the U.S. However, your rights to remain in the U.S. can be jeopardized and taken away under certain conditions. Losing this right to reside in the United States means that you can be removed or deported. If you are convicted of a crime, you are at risk of losing your right to reside in the U.S. If you live outside of the U.S. while you are a LPR, you may also lose your status. In the latter situation, USCIS may consider your LPR status “abandoned.” There are a number of factors that contribute to a judge determining that you have abandoned your LPR status. It is important to make sure that you don’t risk losing your status if you intend to live, travel or work abroad while you are a LPR of the United States. For assistance in assessing your particular circumstances, please feel free to contact Your Immigration Angel today!
If you entered the United States “legally,” you probably came to this country with a valid nonimmigrant visa, such as a student visa, tourist visa, or temporary work visa. Some people are even allowed into the U.S. on a visa waiver or with a special pass at one of the U.S. borders. In either event, you would have been inspected by an immigration official at your point of entry and allowed into the United States. This method of entering the U.S. makes it easier for you to file for an Adjustment of Status in the U.S. Your U.S. citizen spouse can file a Petition for Alien Relative to apply for your green card.
However, did you know that even if you are now staying in the U.S. past the date of your authorized stay, , you are still eligible for a marriage based green card? A green card is still available to you even if you are “out of status” or are staying here illegally. If you have overstayed by six months or more since April 1, 1997 you may still apply but would need a waiver. It is very important to note that if you leave the country, you would be barred from returning for three or ten years, depending on the length of your unauthorized stay. Immigration law is a complicated field. Your personal immigration path may have twists and turns that you did not expect! We can help you to make your journey as smooth as possible. Contact Your Immigration Angel today for your free consultation!
There are two paths to apply for a marriage based green card. Which path is right for you depends on your individual circumstances. The two methods are:
1.) If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.
2.) If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.
If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection. If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S. If you are in the U.S. without lawful status, then you cannot change your status from within the U.S. You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen. Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future. For assistance with your marriage based green card, please contact Your Immigration Angel today!
As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national. Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions. However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card. You can petition for your spouse and children and there are always green cards available, because they are immediate relatives! For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!