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How can I get a Green Card with refugee status?
Refugees are people that have been displaced from their countries of origin out of fear for their personal safety. According to the U.S. Citizenship and Immigration Services, refugees must seek out their Green Cards after being in the country for one year.
The process for seeking your Green Card as a refugee is complex. There are a lot of factors to consider, including the following. Having the right information ensures you are prepared and have the best chance of being approved for your Green Card.
How to determine eligibility
Green Cards render you a lawful permanent resident of this country. To be eligible, you must meet certain criteria. Along with being in the country for at least one year, you must also not have previously received a Green Card. Additionally, you must not have had a previous admission terminated, and you must be present in the country when you are filing the Green Card form, which is Form I-485.
What is a joint sponsor?
One of the most important requirements for the K-1 fiance visa is to meet the income requirements. In the case of the K-1 fiance visa, the “sponsor” for the visa is the American citizen spouse. In order for the U.S. government to give the non-American spouse a K-1 visa, the sponsor must prove that he or she has sufficient income.
In the event that the American sponsor does not have sufficient income for a K-1 fiance visa on his or her salary alone, he or she can either use additional assets (if available) or a joint sponsor. According to Rapid Visa, a joint sponsor is a third-party individual who agrees to sign an affidavit of support to help the sponsor qualify for a K-1 fiance visa.
Who can be our joint sponsor?
In order for a person to act as your joint sponsor, he or she must meet specific requirements. Your joint sponsor must be no younger than 18 years old. This person also needs to either be a US citizen or a permanent resident. This individual must also have a domicile in the United States and meet the minimum income requirement for the K-1 visa on his or her own.
Are you preparing to bring your intended to America?
You are no doubt excited about your coming marriage and bringing your fiancée to the U.S.
A K-1 nonimmigrant visa will allow your fiancée to travel to the United States, but what happens then?
Filing Form I-129F
As a U.S. citizen, you are the petitioner who must file Form I-129F, the Petition for Alien Fiancée, with the United States Citizenship and Immigration Services. You must show that you and your intended are free to marry and that the marriage will take place within 90 days of her admission to the U.S. as a K-1 nonimmigrant. As part of the Form I-129F process, the USCIS will perform background checks on both you and your fiancée. The Department of State will notify you when she may apply for the K-1 visa.
Working with the DOS
The DOS will also perform a background check on your fiancée. When it is time for her visa interview, she must show proof of a medical examination along with proof of her relationship with you. Once approved, the DOS will issue a K-1 visa that will be valid for six months. Remember that this nonimmigrant visa will only permit your fiancée to travel to a U.S. port of entry. It does not guarantee admittance to the country. However, if all goes well, she will enter, and you can go on with your wedding plans.
Processes involved in obtaining green cards
A green card is a document that grants you lawful permanent residence status in the United States. It gives you the right to live here on an ongoing basis. It also gives you the authorization you need to find and keep a job in the U.S.
There are several different categories of green cards. Based on your situation, there are also different processes involved in obtaining them. The process you go through depends partly on whether you are already in the United States or if you wish to come to the U.S. but are currently still in your own country.
Adjustment of status
If you are already present in the United States, you may be able to obtain a green card through an adjustment of status. According to U.S. Citizenship and Immigration Services, this saves you the inconvenience of having to return to your home country to complete the processing of your visa. However, you have to meet the eligibility requirements. Adjustment of status may be available to you if you belong to a certain immigration category, such as an international student or a temporary visitor.
Can the state revoke my provisional unlawful presence waiver?
Hopeful US citizens in Texas can jeopardize the immigration process by unlawfully entering or residing within US borders. Many residents who would be otherwise eligible for family-based immigration can disqualify themselves by remaining in the US without a visa.
Thankfully, getting a provisional unlawful presence waiver from US Customs and Immigration Services may reinstate your eligibility if you are an undocumented immigrant with immediate relatives who are US citizens.
Revocations
Provisional unlawful presence waivers are not permanent, and the government may revoke your waiver in some cases. But if you are facing a waiver revocation, you may have recourse to get the waiver reinstated.
The government will automatically revoke your waiver in certain circumstances. The DOS may end your immigrant visa application process at any time, and the USCIS retains the right to revoke your underlying approved immigrant visa petition.
Can you have your citizenship revoked?
If gaining U.S. citizenship is your goal, then you likely understand the time and extensive effort required to secure such a benefit. Thus, you probably look forward to being able to relax somewhat in Plano once the process ends. After all, once you are a naturalized citizen, it is impossible to take your citizenship away, right?
That may not necessarily be true. Indeed, according to information shared byU.S. Citizenship and Immigration Services, there are grounds for having your citizenship revoked. You may think this only occurs in extreme scenarios, yet that is not the case.
Securing citizenship illegally
Some of the grounds for revocation may seem fairly obvious. For example, if you failed to meet the eligibility requirements for citizenship in the first place (yet failed to disclose this fact), you may have your citizenship revoked. Indeed, a failure to share pertinent information in your application for citizenship can merit revocation if the following occurs:
What are the benefits of U.S. citizenship?
Once you have been a lawful permanent resident of the United States for at least five years, you may be eligible to take the next step to become a citizen of the United States through the process of naturalization. Applying for citizenship is a significant step that carries with it certain responsibilities. Your application indicates that you are willing to commit to fulfilling your obligations to the best of your ability.
According to U.S. Citizenship and Immigration Services, obtaining citizenship allows you to do things that you would not be able to do as an LPR. To aid in decision-making about your status, here are some of the benefits of becoming a U.S. citizen.
1. Residency
If you are a citizen of the United States, no one can force you to leave. You have the right to remain in the U.S. under any circumstances.
What is the affidavit of support?
U.S. immigration policy generally expects immigrants not to become public charges when they arrive in the country. Therefore, before approving an individual’s green card application, the U.S. Citizenship and Immigration Services often requires the sponsor to submitan affidavit of support.
The affidavit of support is a legally binding contract that requires the sponsor to provide adequate financial support to the green card recipient. If you are thinking about executing an affidavit of support, you should understand your legal responsibilities.
Do you qualify?
If you intend to sponsor a family member for legal permanent residency, you likely must execute an affidavit of support. To do so, though, your income must be at least 125% ofthe federal poverty guidelines. If you do not meet this threshold, you may need to find a joint sponsor who can file a separate affidavit of support on your immigrant relative’s behalf.
Understanding the decision of your N-400 form
Applying for U.S. citizenship is both exciting and time-consuming. Your effort to be vigilant may prevent the disappointment that comes when you overlook critical details throughout the application process.
One portion of the application process requires you to fill out and submit an N-400 form. Once received by the USCIS, you will receive correspondence notifying you of their decision.
The purpose of an N-400 form
An N-400 form identifies general information about your past including where you were born, the names of your parents and the citizenship status of close relatives among other things. It is a comprehensive document that requires your full attention to verify its accurate completion. In conjunction with your completed application, you must submit all applicable documentation to support the information you claim on your N-400 form.
Family hopes caretaker status will stop pending deportation
Anyone in Plano who has had to try and navigate the waters of the immigration process may know exactly how complicated that process can be. Fortunately, when one has a family member that is either a U.S. citizen or a legal permanent resident, they often have a leg up on attaining legal immigration status.
That may not always be the case, however. Alleged immigration law violations committed by those with family members in the U.S. might still make them subject to deportation. It is in such a scenario where they may have to rely on other provisions that support their residency status.
Father fights to stay in the country
The legal team for a New Jersey resident currently facing deportation hopes just such a provision will allow him to stay in the country. According to reports, the man sought asylum after arriving from his native India, yet did not gain approval. He remained in the U.S., however, with his wife and two daughters (all of whom are U.S. citizens) up until federal immigration authorities recently detained him. Yet one of his daughters suffers from permanent disabilities and requires around-the-clock care. This has prompted his attorney to point out that his deportation would cause an undue hardship on his wife by leaving her to care for the girl alone. He currently sits in an immigration detention facility awaiting a ruling on his case.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
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