Escalante Law

What is conditional permanent residency?

2024-10-23T18:39:16Z

Conditional permanent residency is a temporary immigration status granted to individuals who obtain their green cards through specific pathways, such as marriage to a U.S. citizen or lawful permanent resident (LPR). It is aimed at preventing fraud and ensuring the individual’s lawful and legitimate presence in the country. If you marry a U.S. citizen or LPR, conditional permanent residency is typically granted when the marriage is less than two years old at the time of application. This is meant to verify that the marriage is genuine and not solely for immigration reasons. You will receive a two-year green card that you must renew before it expires.

Removing the conditions

To transition from conditional to permanent residency under a marriage-based green card, you must file the necessary paperwork (Form I-751) 90 days before the second anniversary of obtaining it. This process is known as ''removing conditions''. The USCIS will review the evidence you submit to determine if the relationship is genuine before granting you a permanent green card valid for ten years. It helps to note that strict deadlines apply when removing conditions on your permanent residency, and you should be careful not to miss them.

What if you don’t remove the conditions?

You could face deportation if you fail to remove conditions on time or your application to do so is denied. This is because you would lose your immigration status if you are no longer considered a permanent resident. In such cases, your continued stay in the country could become unlawful. Navigating such immigration complexities alone can be challenging due to the formalities and documentation involved. Seeking personalized legal guidance can help you understand your rights, responsibilities and options for maintaining your immigration status while protecting your interests.

Can you lose your permanent resident status?

2024-10-07T16:01:12Z

Attaining lawful permanent resident (LPR) status comes with numerous benefits, including the ability to work and live in the U.S. without restrictions, access to certain public services and the chance to apply for citizenship. However, it’s important to remember that your LPR status is not an unconditional guarantee. You could lose your LPR status for various reasons, and understanding them is crucial to safeguarding your interests. Below are some circumstances that could lead to the loss of lawful permanent residency.

An extended stay outside the country

While there are some exceptions, living outside the U.S. for more than 12 months without prior approval from the U.S. Citizenship and Immigration Services (USCIS) could mean losing your LPR status. As such, applying for a re-entry permit before you leave the U.S. is advisable if you plan to be away for more than one year.

Criminal activity

Certain criminal convictions, especially those involving serious crimes, can jeopardize your permanent resident status. You could be deported or have your immigration status downgraded from permanent resident status to a non-immigrant visa status, which can impact your rights and benefits.

Willful misrepresentation or fraud

If you obtained your LPR status through fraud or misrepresentation, it can lead to immediate loss of status and potential deportation. This includes using fake documents, lying about personal information or withholding critical information. The USCIS takes such cases seriously; even minor falsehoods could affect your immigration status. If you are facing the potential loss of your LPR status, seeking qualified legal assistance is essential. Immigration laws are complex, and with so much at stake, you do not want to navigate the situation without proper guidance. It can make a huge difference in protecting your immigration status.

Do you qualify for an adjustment of status?

2024-09-23T08:12:09Z

For many immigrants, the United States offers a path to legal residency through an adjustment of status (AOS). This process enables eligible individuals already residing in the U.S. to apply for lawful permanent resident (LPR) status without needing to travel back to their home country for visa processing.

Understanding whether you qualify for an AOS is crucial, as the process can be complex and governed by strict eligibility criteria.

Eligibility for adjustment of status

To be eligible for an adjustment of status, you must be physically present in the U.S. If you are outside the U.S., the green card application can be pursued through consular processing instead.

Additionally, you will need a qualifying petition, which can be based on:

Family sponsorship
Employment
Refugee status
Asylum status

Examples of qualifying petitions can include being sponsored by an immediate relative who is a U.S. citizen, such as your spouse, parent or unmarried children under 21.

You might also qualify for AOS under an employment-based petition if you work in a high-demand profession. In this case, your employer can be your sponsor if you meet the educational or skill requirements.

Lastly, you can petition under refugee or asylee status one year after you have been granted refugee or asylum status.

What disqualifies you from adjustment of status?

Suppose you entered the U.S. without proper documentation; you may have a hard time adjusting your status. You might also struggle to adjust your status if you have previously violated immigration regulations such as:

Overstaying your visa
Misrepresenting yourself on immigration applications
Working without authorization

However, having relatives who are U.S. citizens might give more leniency in this area.

Adjustment of status can be a valuable path to permanent residency for eligible immigrants already in the United States. Still, confirming that you meet all the criteria is important to avoid potential disqualifying factors. If you are unsure about your eligibility, enlisting dedicated legal help can clarify your situation and guide you through the process.

What is a green card marriage interview?

2024-09-01T20:24:14Z

A green card allows people to work and live in the United States permanently. A green card is also one of the many steps to seek naturalization in the U.S., which allows people to gain full citizenship. Those who are seeking immigration to the U.S. must meet certain criteria before they are eligible to apply for a green card. For some, that means getting a job with green card eligibility. Another way to get a green card is through marriage. A U.S. citizen can help their spouse from another country immigrate to the States. Immigration through marriage is not straightforward. U.S. citizens and their spouses seeking immigration typically must go through an interview first. A green card marriage interview is meant to validate the authenticity of a marriage. Both U.S. citizens and their spouses may be asked many detailed and possibly personal questions before a spouse seeking immigration is eligible for a green card.

What is asked during the interview?

During the green card interview, the couple may be asked questions together or separately. This helps the interviewer compare answers between spouses or view the relationship dynamic. The interviewer may ask them questions about their relationship, such as where they met, who proposed first or if there was a honeymoon. There may also be questions regarding each spouse’s daily life, such as where they work, when they get up, what their favorite food is or if they have any hobbies. Some questions may be very specific, such as what each spouse ate the day before, what each spouse’s favorite movie is, or what their weekend plans are. Legal guidance can help those in such a situation prepare for their green card interview.

Undocumented spouses may have a new option to stay in the U.S.

2024-08-28T06:00:46Z

People who are married to a United States citizen aren’t automatically allowed to come to or remain in the United States. Instead, they have to go through a special immigration process. For some undocumented spouses of U.S. citizens, the process hasn’t always been so easy. Some have challenges that could mean they need to leave the country to return to their home country. But that’s been risky because of the waiting periods to come back.

A pathway to legal status

The current administration has introduced a plan that could help undocumented spouses of citizens to gain legal immigration status. This could help to provide more stability for thousands of families in this country. The plan is limited to those who were married prior to June 17, 2024 and have lived continuously in the U.S. for at least 10 years. They can’t have any disqualifying criminal history. If they’re approved, they receive parole-in-place relief, which allows them to apply for a green card and work authorization without leaving the country. They can eventually apply to become citizens.

Economic benefits of work authorization

One of the most significant aspects of this proposal is the potential for these individuals to gain work authorization. For many families, this could be transformative, enabling them to contribute more fully to the economy and secure a better future for their children. This proposal is only one example of how the landscape of immigration is ever-changing. Keeping up with the changes can be difficult, especially for someone who’s trying to handle immigration matters. Working with someone who’s familiar with these matters may be beneficial to ensure they are following the proper steps.

Will asylum ever resume?

2024-08-08T16:15:00Z

Under historic asylum laws, people are allowed to enter the United States illegally and then request asylum. They can do this because they have a genuine fear of harm or persecution. Crossing the border wasn’t done properly, but that is because it was done for safety reasons. Immigrants can then use asylum to seek protection from deportation. However, the Biden Administration recently announced a halt on asylum. As long as more than 2,500 illegal immigrants are coming over the border every day, no one is allowed to seek asylum. The hope is that this will keep people from abusing the system by crossing illegally, as many people may qualify for other types of immigration. Maybe they just need to get a visa or a green card, rather than seeking asylum.

The halt is technically temporary

The issue is that there have been more than 2,500 people illegally entering the country per day for almost Biden’s entire presidency. The only time when it was lower was at the beginning, thanks to the pandemic making travel more difficult. Today, though, 2,500 immigrants is common. To get rid of the ban, the government needs to see two weeks in a row where there are under 1,500 illegal entries. If this happens, they will reinstitute asylum. Technically speaking, this means that the ban could be lifted in the future. Realistically, though, it means that the halt is indefinite. It will likely last through the end of Biden’s presidency, and it will be up to the next president to decide if it will be extended or not. As such, it is very important for immigrants to keep an eye on how laws are changing and what legal options they have.

What are citizenship requirements for the U.S.?

2024-07-31T10:54:34Z

Many reasons, including to be with their family members, find employment or go to school, lead people to come to the United States. For some, the dream of coming to the U.S. includes becoming a citizen. There are several requirements for legal permanent residents to become citizens. Understanding these is critical for anyone who wants to make this a reality.

Legal permanent residency

Becoming a legal permanent resident is a primary requirement to apply for naturalization or citizenship. The person must maintain this status for at least five years. That time goes down to three years if they’re married to a citizen.

Physical presence and continuous residence

The person must have a continuous residence in the U.S. for at least three years for those married to a citizen or five years for those who aren’t. Additionally, they shouldn’t leave the country for long periods of time, which is usually considered six months or longer.

Good moral character

Crimes involving moral turpitude can prevent someone from becoming a citizen. These include things like drug offenses and violent crimes, among others.

English language proficiency

People who want to become citizens must know basic English, including speaking, reading and writing. This is assessed during the naturalization interview. Some applicants can receive an exception from this requirement based on their age and how long they’ve been a permanent resident.

Civics knowledge

An understanding of U.S. history and government is also required. Applicants must pass a civics test, which consists of questions about the government, history and civic responsibilities.

Oath of allegiance

Taking the Oath of Allegiance to the United States is the last step for this major event. This is a formal event during which new citizens pledge their loyalty to the U.S. and renounce their loyalty to other countries. Once this is done, they’re officially citizens of this country.

Temporary protected status extended for Haitians

2024-07-08T20:57:09Z

Roughly 309,000 Haitians living in this country have received a reprieve, thanks to the Biden Administration’s decision to extend temporary protected status (TPS) for an additional 18 months. This measure has been taken due to widespread evidence that the nation is in severe economic turmoil and that gangs have largely seized control from the government. Temporary protected status is a humanitarian program that this nation offers nationals from certain countries where ongoing violent conflicts, political crises, environmental disasters and famines prevent them from returning to their homelands with any degree of safety. For Haitians, the new extension period starts Aug. 4 and runs through Feb. 3, 2026.

What does (and doesn’t) temporary protected status do?

It’s important to understand that temporary protected status is not a path to permanent residence in the United States. Obtaining it won’t greenlight anybody’s way to citizenship, either. The vast majority of recipients are expected to return to their homelands once conditions there improve. In the meantime, however, those who hold TPS status:

Cannot be deported from the U.S. based solely on the fact that they are in the country without proper authorization
Can legally obtain work, so long as they obtain an Employment Authorization Documents (EAD) that permits it
Can travel outside of the United States and return without worrying that their reentry will be barred

Because temporary protected status is only a stop-gap measure aimed at providing compassionate relief, Haitian immigrants who hope to stay in this country after the TPS designation is lifted should be investigating their legal options to change their legal status. Swift action can help preserve your options.

What are the biggest barriers to getting a job as an immigrant?

2024-06-24T22:14:51Z

Certainly, your immigration status is going to be one of the biggest barriers to obtaining employment. You may not be able to work in certain jobs until you have the correct status. In some cases, you may also need specific paperwork, such as an employment visa. Exactly how this process moves forward depends on the type of immigration you’re using. There is a large difference between seeking asylum and coming to the United States on a work visa, for example. But assuming that you can get the right immigration status and get all of your paperwork in order, are there any other barriers you’re going to face? Will it be difficult to find employment in the US?

Learning English

By far and away, one of the most important things you can do is to increase your English language proficiency. Without a firm grasp of English, you will simply not be able to do many different jobs. Additionally, English skills can impact how well you interview. A lack of language skills could keep you from getting a job that you are technically qualified for just because the interview doesn’t go well.

Obtaining the right degree

Another potential issue is if the job that you want requires a specific degree, which you don’t have. Even immigrants who received an extensive education in their home country may find that the degrees are not perfectly transferable to the United States. This could mean that they no longer meet the qualifications for a job that they believe they can do. It’s important to be aware of these hurdles so that you can plan for them in advance and learn all about the legal steps you can take to make immigration go smoothly.

How can you get temporary protected status?

2024-06-18T11:51:58Z

People who live in certain countries that are going through armed conflicts, natural disasters and specific other circumstances may be able to come to the United States under the temporary protected status (TPS) program. There are very specific requirements for this. TPS is handled by the U.S. Citizenship and Immigration Services and serves to prevent hazardous deportation. The goal is to provide individuals with a safer country than what they’d have in their home country.

Eligibility and benefits

To qualify for TPS, individuals must be nationals of a country designated for TPS or stateless individuals who last resided in such a country. Applicants must also have been continuously physically present in the U.S. since the most recent designation date of their country. Additionally, they must not have been convicted of any felony or two or more misdemeanors in the U.S. or be inadmissible due to security-related concerns. Those granted TPS receive several key benefits. They are protected from deportation and may obtain an Employment Authorization Document (EAD), allowing them to work legally in the U.S. TPS beneficiaries can also apply for travel authorization if they need to travel abroad temporarily. Importantly, TPS does not lead to permanent resident status, but beneficiaries can seek other immigration benefits they may qualify for.

Designation and duration

TPS designations are initially granted for periods ranging from 6 to 18 months and can be extended if the unsafe conditions persist. TPS beneficiaries must re-register during each extension period to maintain their status. If conditions in the designated country improve significantly, the TPS designation can be terminated, and beneficiaries will need to return to their home country or seek alternative immigration status. This process can be complex, so people who want to seek TPS or maintain their eligibility may opt to work with someone who stays abreast of the most current updates.