Tag: Green Card

How to Apply for Cancellation of Removal
Cancellation of removal is an immigration function that allows permanent and non-permanent residents to petition an immigration judge to modify their status from “deportable alien” to “lawfully accepted for permanent residence.”

8 U.S. Code 1229b states that the qualifying standards for legal permanent and non-permanent residents are distinct.

To qualify for cancellation of removal, permanent residents must demonstrate that they:
1. Have lawfully resided in the nation for five years or more.
2. Have settled in the United States for at least seven years.
3. Have not been convicted of a severe offense
Non-permanent residents must provide evidence that they:
1. Have lived in the United States for at least ten consecutive years
2. Possess a strong moral character during the last decade.
3. Have not been convicted of specific crimes.
4. This elimination would make life extremely difficult for U.S. citizens and lawful permanent residents who have family members living in the United States.
Requirements for Cancellation of Removal for Permanent Residents

1. Fulfillment of Time Requirements

In addition to meeting the grounds for cancellation of removal, you must also fulfill specific time requirements for the authorities to accept your application. If you are guilty of an offense and are facing deportation, you may be able to avoid deportation by asking for the cancellation of removal. However, when you entered the country, committed the offense, and requested a stay of removal are all crucial.

You must be a lawful permanent resident for five years or more at the time of application. Different standards determine when a person has lived in the United States for seven years. Once you get a “Notice to Appear” or commit the deportable offense, the deadline date becomes effective immediately.

2. Demonstrate That There Are Compelling Grounds to Grant the Cancellation Request

Even if you fulfill the primary grounds for cancellation of removal, an immigration court will decide whether they will grant your application. To determine whether to permit you to remain in the United States, the court will consider the following factors:
1. How long you have resided in the United States.
2. If your business has ties to the United States.
3. Your tax documents and employment history.
4. Your prior convictions and the severity of your offenses.
5. How closely is your family related to Americans?
6. How virtuous you are.
The court will decide whether or not you can remain in the United States after reviewing your application and the factors mentioned above.

Requirements for Cancellation of Removal for Non-permanent Residents

To be eligible for cancellation of removal, non-permanent residents must also satisfy specific standards, just like lawful permanent residents. However, as opposed to lawful permanent residents, the qualifications for temporary residents are typically more stringent. Here are the guidelines for non-permanent residents who wish to avoid deportation:
1. You must demonstrate good moral character.
2. The court did not convict you of any offenses that might result in expulsion.
3. You must demonstrate that a U.S. citizen or lawful permanent resident spouse, parent, or child would have difficulty if the US deports you.
4. You must have resided in the United States for at least ten years.
1. Meeting Time Requirements

The continuous physical presence criterion for non-permanent residents is comparable to the rule for permanent residents. The cutoff date is when you get a Notice of Action or commit an offense that resulted in your removal. Remember that if you leave the U.S. for 90 days or longer or take several trips totaling 180 days, your continuous physical presence in the nation will terminate.

2. Having the Appropriate Character

If you have been guilty of murder, human trafficking, or other major offenses, a court may dismiss your claim of moral rectitude. Even minor offenses will count, although they may not immediately disqualify you. In addition to familial ties, community activity, employment background, etc., a court will consider other factors when assessing moral character.

3. You Must Satisfy the Hardship Prerequisite

To qualify for cancellation of removal, a non-permanent resident must have a spouse, child, or parent who is a lawful permanent resident or U.S. citizen. Additionally, the applicant must demonstrate that the eligible family member would struggle if the US deports the applicant.

For instance, the person may satisfy the hardship condition if an eligible family member has a significant sickness or a particular handicap diagnosis. You must provide evidence that this is a difficult scenario along with your application. And in the end, the decision rests with the immigration court. Whether you have a child in the United States, you should investigate DACA to determine if they qualify. If so, they will not be deported.

Related: Work Permit with Cancellation of Removal

Guide on How to Apply for Cancellation of Removal

You can apply for removal cancellation in one of two ways. The U.S. Department of Justice includes paperwork for permanent and non-permanent residents. Before filling out and submitting the form, the candidate should read it attentively.

Submission of an application as a permanent resident requires that you must submit these documents to the correct Immigration Court:
1. A copy of your Form EOIR-42A
2. Application for Cancellation of Removal, followed by all supplementary materials.
3. The original G-325A Biographical Information Form version.
4. All support documentation and additional papers accompany the original Form EOIR-42A.
5. A copy of the notification of fee receipt and biometrics appointment instructions from the USCIS ASC
6. Form G-325A, Biographical Information, copy.
7. A copy of the USCIS ASC’s notification of fee receipt and instructions for the biometrics appointment.
8. A signed certificate showing that you handed these documents to the ICE Assistant Chief Counsel unless the documents were given to the ICE Assistant Chief Counsel at the hearing and entered into the official record.
Here’s How to Submit Your Application as a Non-permanent Resident:

The application criteria are identical, except that the applicant must provide a photograph that fits all specifications and a copy of Form EOIR-42B, an application for Cancellation of Removal, and all supporting documentation.

Cancellation of Removal Form and Fees

Form EOIR-42A must be completed and submitted if you are a lawful permanent resident requesting cancellation of removal. The form requests information about you, your family, and your stay length in the United States. On the form, you must list your previous addresses and employment. It is essential to achieve maximum precision.

Additionally, there are several yes/no questions in Part 7. Some questions are designed to determine if the judge can cancel your deportation. Other matters will be decided by the judge based on their discretion. If you believe the answer to these questions should be “yes,” discuss your case with an expert immigration attorney before applying.

Beginning in 2023, the filing price for form EOIR 42A is $100 plus an extra $85 biometrics filing charge. Check the forms page of the U.S. Department of Justice website for the most recent information on these costs before submitting your application. Before the merits hearing in Immigration Court, all applicants older than 14 must have their fingerprints taken during their biometrics session.

How to Get the Court to Grant Your Cancellation of Removal

Here are the things you should do to help you get the judge to decide in your favor when applying for cancellation of removal:

1. Gather Evidence to Support Your Plea to Cancel the Eviction

As the applicant, you are responsible for showing that you are eligible and deserving of having your deportation halted. In certain instances, the same papers can simultaneously demonstrate more than one.

In addition, after the government examines your biometric information, it will know if you have previously been convicted of a major crime or deported. If you have a criminal record, you should get certified copies of all arrests to demonstrate that you have not been convicted of a significant offense. You should seek the assistance of an attorney with this analysis.

2. Demonstrate your residence in the U.S.

You must provide evidence that you have been a legal permanent resident for at least five years and have resided in the United States for seven years.

Proof can include copies of your green card, Form I-94 Arrival/Departure document, birth certificates of children born in the U.S., marriage certificates, federal income tax transcripts, leases/deeds, receipts, education records, medical records, job records, notarized statements from persons who know you well, and more.

Digital data, such as records of a user’s whereabouts on social networking sites like Facebook or records of journeys with ride-sharing services like Lyft and Uber, are also beneficial.

3. Making the Judge Decide in Your Favor by Demonstrating That You Are Entitled to It

You will also need to provide substantial evidence demonstrating why you need permission to remain in the nation as a lawful permanent resident and not face deportation. Once you show that you fulfill the fundamental standards for cancellation of removal, the main emphasis of the hearing will be whether you will have permission or you’ll maintain your green card.

In this regard, the Immigration Judge has considerable discretion and will assess the negative aspects of your case against the positive statements you make about yourself.

From humanitarian factors are concerned, you will need to provide:
- Evidence of your family ties in the United State
- How difficult would it be for you and your family to face deportation
- Your ties to the community
- Your work history
- Business ties
- How long you’ve lived in the United States and,
- How you’ve changed (for any crimes committed).
During Your Merits Hearing, Consider Having Family and Friends Speak

The judges may grant cancellation of removal once, so immigration judges are usually lenient with applicants. To escape an Order of Removal, you must present a strong argument by having family members and friends speak in your favor during your merits hearing.

The immigration judge will then decide whether or not to annul your deportation.

Do You Need to Talk to Lawyer?

Cancellation of removal is a delicate process that must be handled carefully and rightly. You need to gather the right documents and evidence to support your application. It would help if you considered hiring a reliable immigration attorney for your cancellation of removal application; This would help you avoid errors that may lead to an order of removal.
January 18, 2023
Public Charge Final Rule and How It Affects Immigrants
On September 9, 2022, the United States DHS published a final rule on ‘public charge,’ which took effect on December 23, 2022. This rule clarifies how DHS will determine inadmissibility on the grounds of being a public charge.

The rule restores the historical understanding of this ground of inadmissibility, which refers to the possibility of denying a green card, visa, or admission to the United States to a person who is likely to become a burden on the state by relying on public assistance.

What Is a Public Charge Rule?

A“public charge” rule is a ground of inadmissibility. Grounds of inadmissibility are factors that can disqualify an individual from obtaining a green card, visa, or admission to the United States. Immigration officers use this rule to determine if an applicant is likely to rely on government assistance in the future, which would make them a “public charge.” However, only some applicants are subject to this rule, and it only applies to some green card applicants.

What Is the Test for Public Charge?

In immigration applications, many noncitizens are not required to undergo a public charge test. However, for those who need to take the test, federal law dictates that immigration officials must consider certain factors to determine whether the individual is likely to become a public charge. These include:
- Age
- Family status
- Health
- resources
- Assets, resources, and financial status
- Education and skills
For some applicants, an Affidavit of Support (USCIS Form I-864) is also required.

Under longtime DHS policy and the new DHS final rule on public charge, the only public benefits that immigration officials look at as part of the public charge test are:
- State, Tribal, territorial, or local cash assistance for income maintenance
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- Institutionalization for long-term care at government expense
Does the Federal Government Consider Public Benefits as Public Charge?

The federal government excluded many public benefits and services for healthcare, nutrition, housing, and other specific purposes in the public charge test. These include:

Some of the excluded benefits excluded from the public charge test are:
- Medicaid (except for long-term institutionalization), CHIP, Medicare
- SNAP, WIC, free and reduced school meals
- COVID-19 Vaccines, testing, and treatment
- Home-based or community-based health services
- special-purpose or supplemental benefits such as child care or utility assistance
- Public housing and shelter
Additionally, the latest DHS final rule on public charge makes clear that:
- The federal government will not consider the benefits the family members other than the applicant (such as a U.S. citizen child) receive in the applicant’s public charge test.
- The public charge test does not include being in an institution for short-term rehabilitation or criminal conviction.
- Disability alone is not enough to make someone a public charge.
- Receiving benefits considered in the public charge test does not automatically classify someone as a public charge.
Does Public Charge Apply to All Immigrants?

Many noncitizens are exempt from the public charge test in their immigration applications. According to current law, the new DHS final rule on public charge, and DHS policy, the following groups generally do not have to undergo the public charge inadmissibility test:
- People applying for or granted:
  - Asylum
  - Refugee status
  - U or T visas
  - Special Immigrant Juvenile Status (SIJS)
  - VAWA self-petitions
  - U.S. citizenship
- Individuals seeking to apply for or renew DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status)
Related: Deferred Action for Childhood Arrivals

Overview of the Public Charge Rule

The 2019 Public Charge Rule

In 2019, the government modified the “Public Charge rule” during the Trump administration to make it more difficult for people to obtain green cards and visas. The new rule expanded the definition of dependency on government benefits and added the consideration of the future likelihood of reliance on such benefits. This change resulted in a decrease in the number of people who were eligible for these documents.

In 2019, two versions of the “Public Charge” regulation were released: one by the Department of Homeland Security (DHS) that applied to green card applicants within the United States and another by the Department of State (DOS) that applied to those outside the United States. Both versions of the rule are no longer in effect. The Biden administration halted the DHS rule on March 9, 2021, and a court order stopped the DOS policy on July 29, 2020.

In 2019, DHS created the basis for denying green cards to immigrants in the United States.

These include:

1. Prior use of specific public benefits:

The DHS expanded the definition of public charge to include common benefits such as:

-Food Stamps

-Medicaid

-Federal housing subsidies

– Housing assistance

If a person uses one or more of these benefits for more than 12 months within 36 months, DHS could deny their application for a green card.

2. Leveraging public charge benefits in the future:

The DHS included some factors which the immigration department will consider to determine if a person could become a public charge in the future.

These include:
- Age: Applicants are only eligible if they are above 18 (incapable of working), older than 61 (minimum retirement age), or not within any age that affects their ability to work. This was important in determining whether an immigrant would become a public charge in the future.
- Health: DHS scrutinizes each applicant to ensure their health will not affect their ability to work.
- Family size: Having a large family could increase the likelihood of a visa denial.
3. Education and Skills:

Applicants need to show that they can obtain and maintain employment. Applicants’ employment history, high school diploma, occupational skills, credentials, and proficiency in English and other languages greatly determine whether they get a visa or a green card.

4. Financial status:

In addition to looking at the applicant’s income and assets, the DHS looked at other factors. These factors are credit history, credit score, and financial liabilities. Also, whether the applicant has enough insurance to cover medical costs.

Public Charge Rule in 2022

The United States government proposed the new public charge rule on February 24, 2022, based mainly on the 1999 public charge rule. It was published as a final rule on September 9, 2022, and became effective on December 23, 2022.

The Department of Homeland Security (DHS) will not consider an individual’s participation in noncash benefits programs, such as Supplemental Nutrition Assistance Program (SNAP), public housing, or school lunch programs, when determining if the individual is likely to become a public charge. The only exception is if the individual receives long-term institutionalization at government expense.

Public Charge Final Rule on December 23, 2022: What’s New?

From December 23, 2022, all applicants for a green card in the U.S. will submit the latest version of Form I-485 (Application for Adjustment of Status).

The form has undergone some changes, and the government will request new data from applicants: These include:

1. Attempting to Balance Your Income/Assets with Your Debt

The new form requires applicants to provide details about their income, assets, and debt amounts. These include home loans (mortgages), vehicle loans, student loans, and commercial/small business loans. While revolving debt like credit cards and subscriptions may be considered less important, it is still recommended to report them if they are significant (over $10,000).

2. The Government Will Ask for Information about Your Education, Skills, and Qualifications

You will need to disclose your highest level of education, professional certifications, and job skills. The government will use this information to assess your employment likelihood and identify potential professions for you.

3. Public Cash Benefits Collected from the U.S.

As a non-U.S. citizen or permanent resident, using public benefits, particularly cash benefits provided by the state or federal government, can negatively impact your immigration application. It is important to note that these benefits are often restricted to U.S. citizens or their family members. Additionally, the government may inquire about whether you have been institutionalized at U.S. government expense.

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What Does This Mean for Immigrants?

U.S. Citizenship and Immigration Services (USCIS) has included some guidance on what is and is not necessary for the benefit section of the form.

According to the new form instructions from the USCIS, you do not need to include additional evidence with your application to support the information you have provided on the form. However, the agency may request further evidence, called a Request For Evidence (RFE), if it requires more documentation to decide on your application.

You may be concerned about the potential impact of the public charge final rule on you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney. This will give you the opportunity to discuss your specific circumstances and receive professional guidance on how to proceed.
January 10, 2023

11 Documents needed to Apply for a Green Card Through Marriage

If you’re like many people who want to apply for a green card through marriage, you know that U.S. Citizenship and Immigration Services (USCIS) will require you to provide a lot of documentation to back up your application. Though the information the U.S. government needs is pretty standard, USCIS may ask you for additional documentation, as well. This guide explains the 11 essential documents needed to apply for a green card through marriage, as well as some of the other types of proof you may need to provide USCIS.

11 Essential Documents Needed to Apply for a Green Card Through Marriage

Though every case is different (and your New York immigration attorney will give you case-specific guidance for your own petition), you typically need the following documents to apply for a green card through marriage:

Birth certificates
Marriage certificate
Proof of termination of prior marriages
Financial documents
Proof of sponsor’s citizenship or LPR status
Proof of lawful entry to the U.S.
Police clearance certificate
U.S. law enforcement and court records
Military records
Current or expired U.S. visas
Medical examination document

Here’s a closer look at each. You can also refer to the table in the later section, “A Quick Look at Document Types,” to cross-reference the documentation you need to sponsor your spouse for a green card.

#1. Birth Certificates

If you’re applying for a green card for your spouse because you’re a U.S. citizen, you need a copy of your own birth certificate. USCIS needs this to prove that you’re a citizen. If you don’t have a coy of your birth certificate, either because it’s unavailable and you can’t access it, other types of documents will suffice, such as a valid U.S. passport. As a naturalized citizen, your passport – or your naturalization certificate or certificate of citizenship – are also acceptable documents to prove that you’re eligible to sponsor your spouse for a green card.

If you’re a lawful permanent resident of the United States, you need a copy of your green card or a passport issued in another country (as long as it has a stamp of temporary permanent residence in the United States). You can provide either of these documents to show USCIS your status and that you’re eligible to sponsor your spouse.

#2. Your Marriage Certificate

USCIS needs to see a copy of the official document that proves you’re married. That’s your marriage certificate. If you were married in the United States, the document is from the state in which you got married. If you were married abroad, supply USCIS with an official copy of the foreign marriage certificate that’s been translated into English.

If your marriage certificate is in a language other than English, you must include a full English translation along with the original document. The translator must certify that the translation is complete and accurate, as well as include their full name, address, and telephone number. They should also provide you with a statement that says they translated the document and know it to be an accurate translation of the original.

#3. Proof of Termination of Prior Marriages

If either of you were married before, you must submit evidence that those prior marriages have ended, whether through divorce, annulment, or death. That’s true for both spouses.

#4. Financial Documents

You need to show USCIS that you (the sponsoring spouse) have enough income or assets to support your spouse once they become a permanent resident. To do this, submit either your most recent federal tax return or evidence of other sources of financial support, like earnings statements or asset documents. If someone else is going to help support your spouse financially (a joint sponsor), they need to provide similar financial documents.

Joint sponsors can be friends or family members. Your attorney will give you more guidance on joint sponsorship if it’s necessary in your case.

The U.S. citizen or lawful permanent resident spouse must provide USCIS with evidence of their status, using one of the following documents:

A valid U.S. passport
A birth certificate (if born in the United States)
A naturalization certificate or certificate of citizenship
A permanent resident card (also known as a “green card”)

If you’re a U.S. citizen, you need to show USCIS your birth certificate or passport. If you’re a lawful permanent resident, provide your green card. If you recently became a naturalized citizen or permanent resident, supply the relevant certificate instead.

#6. Proof of Lawful Entry to the U.S.

If your spouse is in the U.S. at the time you apply, you must show USCIS that they entered the United States legally, with a valid visa (if required) or other travel document. The easiest way to do this is to include a copy of the appropriate page from their passport, which shows the date and port of entry into the United States, as well as their visa classification. Other acceptable documents include:

A transportation letter
Form I-94, Arrival/Departure Record
A reentry permit
An advance parole document

If your spouse entered the U.S. without a visa (for example, on a visa waiver program), you must show USCIS other documentation, like a passport stamped with the date and place of entry into the United States.

#7. Police Clearance Certificate

Your spouse must provide USCIS with a police clearance certificate from every country they lived in for more than six months since turning 16 years old, even if it was just one day over six months. The police clearance certificate is sometimes called a good conduct or moral character report. It’s basically a document that says your spouse doesn’t have any criminal convictions in the country where they got the certificate.

Note: If your spouse has ever been arrested, even if they weren’t convicted of anything, they should still include a police clearance certificate from that country in their application packet.

#8. U.S. Law Enforcement and Court Records

If your spouse has ever been arrested by any U.S. law enforcement agency, they need to include a certified copy of the arrest record in their application packet, as well as any available court records. This is true even if the charges were later dropped or they were found not guilty. The court records should include the final disposition of the case.

#9. Military Records

If the sponsor or the spouse has ever served in any military force (including the Coast Guard, National Guard or a reserve component), USCIS needs copies of their military service records. That’s true whether the military force was in the United States or in another country. Acceptable documents include discharge documents and other service records; just keep in mind that if the records are in a language other than English, you must have them translated and certified.

#10. Current or Expired U.S. Visas

If your spouse has ever been to the United States on a nonimmigrant visa, they need to include a copy of that visa in their application packet, even if it’s expired. The same is true for any other U.S. visas they may have had, like a student visa or work visa.

#11. Medical Examination Document

The foreign spouse typically needs a medical examination as part of the green card application process. You can bring Form I-693, Report of Medical Examination and Vaccination Record, to a physician who’s authorized to perform these exams. (Check out USCIS’s list of authorized doctors here.)

A Quick Look at Document Types

*Document Type*	*When it’s Required*	*Examples*
Proof of U.S. citizenship	When the sponsoring spouse is a U.S. citizen	U.S. birth certificate Naturalization certificate Certificate of citizenship Valid U.S. passport Report of birth abroad
Proof of lawful permanent resident (LPR) status	When the sponsoring spouse is a permanent resident with a green card	Green card Passport issued in another country, if it has a stamp denoting temporary permanent residence in the United States
Proof of marriage	When you submit any application for a green card through marriage	Marriage certificate Joint financial documents
Proof of change in prior marital status	When either party was previously divorced or had a marriage annulled, or when a former spouse died	Divorce papers Death certificate of former spouse Certificate of annulment The equivalent of any of these documents from the party’s home country
Proof of the foreign spouse’s nationality	When you submit any application for a green card through marriage	Birth certificate Passport
Proof of lawful entry to the U.S.	When the foreign spouse is located in the United States at the time of application	U.S. visa I094 travel record
Law enforcement and judicial records	When the foreign spouse or sponsoring spouse has had interactions with the legal system or U.S. immigration in the past; note that you always need a police clearance certificate or equivalent document for the foreign spouse	Court records Police records Prison records Deportation documents A police clearance certificate
Proof of military service	When one spouse served in the military, regardless of country	DD-214 or equivalent discharge document, such as NGB-22 (if the servicemember has been discharged from the U.S. military) Current military service records from the servicemember’s Official Military Personnel File (OMPF) if the servicemember is still serving in the U.S. military Other military service records that establish service Military service records from a country other than the U.S.
Proof of financial ability to support a spouse	When you apply for a green card through marriage	The U.S. citizen’s or lawful permanent resident’s most recent federal income tax return; you may wish to supply the past three years’ tax returns, pay stubs from the past six months, and a letter from your employer verifying your employment Ownership documents for stocks, bonds or other investments Bank statements The title to your home Documents that prove you have other assets

Do You Need to Talk to an Immigration Attorney About Applying for a Green Card Through Marriage?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

November 1, 2022

How to Help Your Parents Get Green Cards
There are several ways for people to get a green card, but one of the most common is through family immigration – and if you’re a U.S. citizen over the age of 21 with foreign national parents, you may be able to help them gain lawful permanent residency in the United States. This guide explains the process step-by-step so that you can better understand what’s involved in helping your parents obtain legal residency in the United States.

How to Help Your Parents Get Green Cards

Many people choose to work with a New York family immigration attorney to help their non-U.S. citizen parents get green cards. That’s because the paperwork can be confusing, and even a minor error can cause U.S. Citizenship and Immigration Services (USCIS) to kick back your petition.

Who Qualifies to Sponsor Their Parents for Green Cards in the United States?

The first step is to understand who qualifies to sponsor their parents for green cards in the United States. Generally, sponsoring a parent for a green card requires that the child is:
- At least 21 years old
- A U.S. citizen or lawful permanent resident
- Present and has lived in the United States for at least one continuous year prior to sponsoring their parent
- Able to show that they can financially support their parents
Related: Family immigration information

What is an Affidavit of Support?

You must show USCIS that you have enough income and assets to support your parents if they’re permitted to come to the United States. You do this by filling out and filing Form I-864, commonly known as an Affidavit of Support. An Affidavit of support is a legally binding contract, and it says that if your parents need you to, you’ll be able to provide for them. This contract between you and the U.S. government helps prevent your parents from being forced to rely on certain public assistance programs.

You don’t have to vow to support your parents forever, though. Your obligation ends if one of the following things happens:
- Your parents become U.S. citizens
- Your parents no longer have lawful permanent resident status
- Your parents leave the United States permanently
- Your parents pass away
- You, the sponsor, pass away
If you can’t show that you have enough income to support your parents, you may be able to get help from another family member or friend. This person also needs to sign an Affidavit of Support; in this case, the government considers you and your friend or family member to be joint sponsors.

Note: Your joint sponsor does not have to be related to you or your parents.

Related: How to remove conditions from a green card

What Form Do You Need to File With USCIS to Get Green Cards for Your Parents?

To sponsor your parents for a green card, you’ll need to file Form I-130 with USCIS. This is known as a Petition for Alien Relative. The form asks for basic information about you, your parents and your relationship. You’ll also need to include supporting documentation, such as your birth certificate or passport to show that you’re a U.S. citizen, as well as evidence of your parents’ foreign citizenship.

If you’re adopted, you may still be able to sponsor your parents for a green card, but the process is different. You’ll need to include evidence of the legal adoption with your Form I-130.

The following table outlines which forms and documentation you must submit to USCIS to sponsor your parents for a green card based on several common circumstances.

Do You Need Separate Form I-130s for Each of Your Parents?

If your parents live together, you can include both of their names on a single I-130 form. If they don’t live together, you’ll need to file a separate form for each parent.

Do Parents of U.S. Citizens Have to Wait for a Visa to Become Available?

If you’re a U.S. citizen, there’s no waiting period for a visa to become available for your parents. They’ll be able to apply for a green card as soon as USCIS approves your I-130 petition.

What Happens After You File an I-130 for Your Parents?

After you file Form I-130, USCIS will review your application to make sure it’s complete and accurate. They may contact you if they need additional information or clarification about anything in your application.

Related: What’s immigration fraud (and what are its consequences)?

Why Does It Matter Where Your Parents Live?

If your parents live in the United States, they can apply for a green card through a process called adjustment of status. The advantage of this process is that your parents can remain in the United States while their green card application is processing.

If your parents live outside the United States, they’ll need to go through consular processing to get their green cards. This means that they’ll need to complete an interview at a U.S. embassy or consulate in their home country.

What Happens at a Green Card Interview?

The green card interview is the last step in the green card application process. It’s an opportunity for a USCIS officer (or, if your parents are outside of the U.S., a consular officer) to ask you and your parents questions about your relationship and your parents’ eligibility for a green card.

The interviewer will also review all of the documentation you’ve submitted to make sure that it’s complete and accurate. After the interview, if they’re approved for a green card, they’ll be notified to pick up their green cards at the embassy or consulate.

Related: Is it possible for an undocumented immigrant to get lawful permanent resident status in the U.S.?

FAQ on Sponsoring Your Parents for U.S. Green Cards

Check out these common questions about sponsoring your parents for U.S. green cards. If you don’t see the answer to your question here, please feel free to call our office and schedule a consultation with an experienced immigration attorney.

Can My Parents Work in the U.S. if I Sponsor Them for Green Cards?

If your parents are granted green cards, they’ll be able to work anywhere they’d like in the United States. In fact, they don’t need to apply for work authorization at all; they’ll receive a stamp in their passports upon their arrival that authorizes them to work until they receive their permanent resident cards.

Can Your Parents Bring Your Siblings to the U.S. With Them?

Even if your siblings are minors, you can’t typically include them on your parents’ green card application. However, you can file separate Form I-130s for each of your siblings.

If your siblings are adults, you may still be able to sponsor them for lawful permanent residency in the United States. You may wish to talk to a New York immigration attorney about your options, which may include petitioning the government for family preference visas for them.

Related: Can you get a green card if you have a criminal record?

What Happens if USCIS Denies Your Green Card Petition for Your Parents?

If USCIS denies your parents’ green card application, you’ll be notified in writing of the decision. The letter will state the reason for the denial, and it will explain your right to appeal the decision. You may be able to appeal or, in some cases, file a new petition.

Can I Sponsor My Parents if I’m Under 21?

Generally, you must be 21 years of age or older to sponsor your parents for a green card.

Can I Sponsor My Parents for Green Cards if They’re Divorced?

If your parents are divorced, you may still be able to sponsor them for green cards. You’ll need to include evidence of your relationship with each parent, as well as sign an Affidavit of Support showing that you have the means to support them if necessary.

How Long Does it Take for USCIS to Review a Green Card Petition for a U.S. Citizen’s Parents?

The length of time it takes for USCIS to process your parents’ green card petitions can vary depending on the backlog of cases USCIS is currently processing. However, you can typically expect it to take at least several months for USCIS to review and approve them.

What Are the Chances of My Parents Getting a Green Card?

The chances of your parents getting a green card depend on a variety of factors, including their relationship to you, their country of origin, and whether they have any criminal convictions. The best way to help your parents get green cards is to ensure that they meet all qualification requirements before applying; from there, your best bet is to ensure your application is as complete as possible.

That’s why many people choose to work with an attorney to sponsor their parents. Working with an attorney doesn’t guarantee a certain outcome, but it does help ensure that your paperwork is filed properly and on time. Working with an attorney also gives you access to a legal professional who understands U.S. immigration law and can answer all your questions throughout the process (as well as help you file an appeal if necessary).

Do You Need to Talk to an Immigration Attorney About Sponsoring Your Parents for Green Cards?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
September 9, 2022
What Does it Mean to Sponsor Someone for a Green Card?
If you’re like many people, you know that it’s possible for an American citizen or lawful permanent resident to sponsor an immigrant to come to the United States. But what, exactly, does it mean to be a sponsor, and how does it all work? This guide explains.

What is a Green Card Sponsor in Family Immigration?

A green card sponsor is someone who helps an immigrant become a lawful permanent resident in the United States. The sponsor does this by signing Form I-864, Affidavit of Support. This form is essentially a contract that says the person who signs it agrees to use their financial resources to support the person named on the affidavit if necessary.

Anyone who applies to become a permanent resident through a family member needs a financial sponsor. U.S. Citizenship and Immigration Services (USCIS) requires Form I-864 as part of a complete application. Without it, USCIS will deny the application.

Note that sponsoring someone for family immigration is different from sponsoring an employee to work for your company. Business immigration is a separate process and requires an employer to perform several steps before being eligible to sponsor a worker. (This guide only addresses family immigration.) The one exception is when an immigrant is coming to the U.S. to work for a relative, or for a company that a relative owns a certain share in. If this sounds like your situation, you should speak to a New York immigration attorney about the requirements you and your family member must meet.

Related: Can undocumented immigrants get legal status in the United States?

Who’s Eligible to Sponsor Someone for a Green Card in the United States?

To sponsor an immigrant, you must be a U.S. citizen or lawful permanent resident who’s at least 18 years old. You must also be currently living in the United States or one of its territories or possessions at the time you file an Affidavit of Support.

The sponsor is usually the person whose relationship qualifies the immigrant for lawful permanent residency in the United States. For example, a spouse may sponsor their partner; a parent may sponsor their child. In some cases, a child may sponsor their parent, or someone may sponsor a sibling.

Who Can U.S. Citizens Sponsor?

U.S. citizens may sponsor the following family members:
- A spouse
- An unmarried child under the age of 21
- A parent (if the citizen is over the age of 21)
- A married child of any age
- A sibling (if the citizen is over the age of 21)
Who Can Lawful Permanent Residents Sponsor?

Lawful permanent residents may sponsor the following family members:
- A spouse
- An unmarried child under the age of 21
- An unmarried stepchild under the age of 21
Related: The step-by-step guide to removing conditions from a green card

Can You Sponsor More Than One Person?

You may sponsor more than one person. However, you will need to complete a separate petition and Affidavit of Support for each person you wish to sponsor. You also need to prove that you can financially support each immigrant you sponsor.

The Affidavit of Support for Green Card Sponsors

An Affidavit of Support helps ensure that new immigrants to the United States aren’t living in poverty. Unfortunately, sometimes people come to the U.S. without adequate money to live on – and that’s where the sponsor comes in. The sponsor signs a legally binding affidavit that says they agree to provide for the immigrant if necessary; that helps prevent new immigrants from being forced to rely on some types of public assistance programs. If the immigrant uses certain forms of public assistance, the sponsor is required to repay the government for the assistance the immigrant uses.

Generally, you must make at least 125 percent of the Federal Poverty Guidelines, which change every year, to qualify as a sponsor. There’s an exception, though: If the sponsor is an active-duty military member in the U.S. armed forces and the immigrant is a spouse or child, the income requirement is 100 percent of the poverty level.

If you don’t make at least that amount, you may need a joint sponsor.

What is a Joint Sponsor?

Sometimes it’s necessary to use a joint sponsor – a second person who agrees to provide financial support to an immigrant who’s applying for a family-based green card. This person doesn’t have to be related to the primary sponsor or the immigrant; it can be a friend rather than a family member.

A joint sponsor may be necessary if you (the primary sponsor) don’t have enough income or assets to guarantee that you’re able to support the immigrant. You may also need a joint sponsor if your tax returns don’t accurately reflect how much you make now, even if you currently make enough. That’s because USCIS will look at your tax returns as proof of your income.

The primary sponsor and the joint sponsor must both fill out and file an Affidavit of Support.

Related: What are immigration fraud and willful misrepresentation?

What Are Your Responsibilities if You Sponsor Someone for a Green Card?

A green card sponsor’s responsibilities are simple: They must provide financial support for an immigrant if it becomes necessary. Naturally, if the immigrant can provide for themselves, the sponsor doesn’t have to provide financial support.

How Long Does Sponsorship Last?

A sponsor’s financial responsibility automatically ends when the person they sponsored becomes a U.S. citizen. If the immigrant doesn’t become a U.S. citizen, the sponsor’s financial responsibility ends when the immigrant is credited with 40 quarters of work in the U.S. (which usually happens if the immigrant is continuously employed for 10 years), leaves the U.S. permanently, or passes away.

What is the Process for Sponsoring an Immigrant?

The first step in sponsoring an immigrant is usually filing a petition with USCIS. The specific forms you need to file depends on your relationship to the person you’re sponsoring. Your immigration attorney will know exactly which forms you need to file, as well as what types of supporting documentation you need to send in with your petition.

Sponsoring an Immigrant Who Already Lives in the United States

The process for sponsoring an immigrant who already lives in the United States is a little different. In this case, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the other required documents. The immigrant must then attend an interview at a USCIS office.

Sponsoring an Immigrant Who Lives Outside the United States

If the immigrant you want to sponsor lives outside the United States, you will need to go through the National Visa Center (NVC) process. The first step is to file Form I-130, Petition for Alien Relative. After that’s approved, the NVC will send you information and instructions on how to submit the Affidavit of Support and pay the visa processing fee. From there, the immigrant will need to attend an interview at the nearest U.S. embassy or consulate.

What Supporting Documents Do You Need to Sponsor an Immigrant?

There are a few different supporting documents that you may need to submit (in addition to your Affidavit of Support) when sponsoring an immigrant. These include:
- Proof of your U.S. citizenship or lawful permanent resident status
- Proof of your relationship to the immigrant
- Evidence of your financial ability to support the immigrant
- A medical examination
- A police certificate (if required)
You may also need to submit other documents, depending on your individual circumstances. But don’t worry – your immigration attorney will tell you exactly what you need for your petition.

How Much Does it Cost to Sponsor a Family Member?

There are a few different fees associated with sponsoring a family member for a green card. The first is the filing fee for the petition, which is subject to change (but you can find the current fee here). You may also have to pay a biometrics fee and a fee for the Affidavit of Support.

How Long Does it Take to Sponsor an Immigrant?

The amount of time it takes to sponsor an immigrant depends on a few different factors. These include:
- The relationship between the sponsor and the immigrant
- The immigrant’s country of origin
- Whether the immigrant is already in the United States
Generally speaking, it takes longer to sponsor an immigrant who is not a close relative and who lives outside the United States. The entire process can take several months (or longer), so it’s best if you talk to an immigration attorney about your specific situation. Your attorney can discuss how long your case is likely to take and when your relative may be able to come to the United States.

Related: Can you get a green card with a criminal record?

What if the Person I’m Sponsoring Gets a Green Card Based on Employment?

If the immigrant you sponsored gets a green card based on employment rather than a family relationship, you are not responsible for them financially. The employer is responsible for making sure that the immigrant can support themselves.

However, even if you’re not financially responsible for an employed immigrant, you may still be considered their sponsor. That’s because you were the one who originally petitioned for them to come to the United States. As such, you may be asked about your sponsorship during the immigrant’s green card interview.

Do You Need to Talk to an Immigration Attorney About Sponsoring Someone for a Green Card?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
August 24, 2022
The Step-by-Step Guide for Removing Conditions on Your Green Card
When you get a green card through marriage, it comes with conditions attached – namely, you must remain married to the same person for at least two years before you can apply for a permanent green card. But how do you remove conditions on a green card through marriage, and what happens if you don’t? This guide explains.

Conditional Green Cards: What You Need to Know

Most people who receive a green card through marriage get a conditional green card (though not everyone does; see the following section for more information on who gets a conditional green card and who doesn’t).

You must remove the conditions on your green card before you can receive a permanent one. Many people choose to work with a Port Chester immigration attorney to remove the conditions from their green cards.

Who Gets a Conditional Green Card, and Who Gets One Without Conditions?

You receive a conditional green card if you marry a U.S. citizen or lawful permanent resident (under certain circumstances) or if you’re a businessperson who got a green card to invest in a U.S. business.

Conditions for Green Card Through Marriage

If your marriage is less than two years old at the time you arrive in the U.S. or at the time U.S. Citizenship and Immigration Services (USCIS) approves you for a green card, you get conditional residency – you have a conditional green card.

However, if you’ve been married longer than two years, you don’t need a conditional green card. You’ll receive permanent residency with no conditions attached.

Conditions for Investor Green Cards

Investors who qualify for a green card through the EB-5 Investor Program receive a conditional green card. If you participated in the EB-5 program, you must remove the conditions before your green card becomes permanent.

Note: Permanent residency doesn’t expire, but you will need to replace your green card every ten years. When you replace it, you don’t need to reapply or change your status in any way – you simply need a new card.

What_is_Adjustment_of_Status_-_NY_Immigration_Lawyer

What is Adjustment of Status?

Adjustment of status is the process you must go through when you want to obtain a green card. For example, if you’re in the U.S. on a fiancé visa when you marry your spouse, you need to adjust your status to conditional resident. In fact, any time you apply for a green card from within the U.S., you need to adjust your status – even if you married outside the country and travel to the United States to live. That’s because initially, you enter the United States on a visa; you need to adjust your status from visa-holder to conditional resident or permanent resident.

(If you’re currently outside the U.S. and apply for a green card, you don’t need to adjust your status. You simply need to apply for a green card.)

The_Step-by-Step_Guide_to_Removing_Conditions_on_Your_Green_Card_-_New_York_State_Immigration_Lawyer

The Step-by-Step Guide to Removing Conditions on Your Green Card

Many people choose to work with a Port Chester immigration attorney to remove the conditions on their green cards. That’s because the process requires a pretty significant amount of paperwork – and because in order to successfully remove the conditions on a green card, you must show USCIS that you held up your end of the bargain.

The requirements you must meet (and prove to USCIS that you met) depend on whether you received a green card based on your marriage to a U.S. citizen or lawful permanent resident, or you received it based on your investment in a U.S. business.

In other words, it’s your responsibility to prove to the U.S. government that you didn’t only marry your spouse to get an immigration benefit. You must also fill out and file the appropriate paperwork and provide supporting documentation.

Related: Can you get a green card with a criminal record?

Steps to Removing Conditions if You Received a Green Card Through Marriage

If you received a green card through marriage, you must petition USCIS to remove the conditions within 90 days of your two-year green card anniversary. Your two-year green card anniversary is exactly two years after the government gave you conditional resident status. These are the steps to removing conditions from your green card through marriage:
1. Ensure that you’re eligible.
2. Determine whether you need a waiver to file a petition without your spouse.
3. Fill out and file Form I-751 with USCIS.
4. Attend your interview.
Here’s a closer look at each.

Step #1 to Removing Conditions From a Green Card Through Marriage: Check Eligibility

Typically, you’re only eligible to remove the conditions on permanent residence if you’re still married to the same U.S. resident or lawful permanent resident. (If you have a conditional green card based on a parent’s marriage, your parent must still be married to the same person.)

Step #2 to Removing Conditions From a Green Card Through Marriage: Apply for a Waiver, if Necessary

If you’re not still married to the same person you were married to when you initially applied for your green card, you may be eligible for a waiver. Generally, you may get a waiver if your spouse (or stepparent) is or was a U.S. citizen or lawful permanent resident and:
- They are now deceased and you (or your parent) entered the marriage in good faith
- You married in good faith but your (or your parent’s) marriage ended through divorce or you had it annulled
- You married in good faith, but you or your child were subjected to extreme cruelty or were battered by your spouse (through the VAWA provision)
- If your removal from the U.S. Would result in extreme hardship
If you believe you qualify for a waiver, your immigration attorney can help you apply for one.

Related: How long do you have to wait for a U visa?

Step #3 to Removing Conditions From a Green Card Through Marriage: Fill Out and File the Paperwork

In order to remove the conditions on your green card, you must file Form I-751 with USCIS. Your immigration attorney can fill out and file this petition for you.

Step #4 to Removing Conditions From a Green Card Through Marriage: Attend Your Interview

Most people have to participate in an interview with a USCIS official to remove the conditions from their green cards. Your attorney can advise you on what to expect during your interview, as well as go over your petition with you to ensure you’re familiar with all the answers you initially provided. During your interview, the USCIS official will review your petition and may ask you additional questions to determine whether your marriage is legitimate.

Related: What happens in an immigration interview?

Steps to Removing Conditions if You Received a Green Card Through the EB-5 Investor Program

If you received a conditional green card because you’re an investor who agreed to invest a certain amount of capital in a United States company, your process for removal of conditions looks like this:
1. Fill out and file Form I-829 with supporting evidence.
2. Extend your conditional permanent residence, if necessary.
Here’s a closer look at each.

Step #1 to Removing Conditions From an Investor Green Card: File Your Paperwork and Supporting Documentation

The first step in removing conditions from an investor green card is to file Form I-829 with USCIS. Your attorney can fill out and file this form for you.

You need to include supporting documentation with this form, including evidence that you:
- Made the investment or are actively in the process of investing the required amount of capital in a U.S. company
- Sustained the investment throughout the whole period of your conditional residence
- Created at least ten full-time positions
Supporting documentation may include things like bank statements, invoices and receipts, business licenses, contracts, and federal or state income tax returns or quarterly tax statements. If you’re not sure what type of documentation to include, your attorney can give you additional guidance.

Step #2 to Removing Conditions From an Investor Green Card: Extend Your Conditional Permanent Residence

Sometimes it takes USCIS a while to process Form I-829, but you may be able to extend your conditional permanent residence status while the form is pending. Your attorney can help you with your extension if you need one. After you receive Form I-797 from USCIS, which tells you that the agency has received your petition, you may also be eligible for an Alien Documentation, Identification and Telecommunication (ADIT) stamp in your passport – and that enables you to travel outside the U.S. (if necessary).

FAQ_on_Removing_Conditions_From_a_Green_Card_-_NY_Immigration_Lawyer

FAQ on Removing Conditions From a Green Card

Check out these commonly asked questions about removal of conditions. If you don’t see the answer you need here, please feel free to call our office at 914-481-8822 for a consultation; we can give you the guidance you need.

Do You Only Need to Remove Conditions Once?

You only need to remove the conditions on your green card one time. After you have removed the conditions, you receive a permanent green card and are no longer a conditional permanent resident. You do, however, need to renew your permanent green card every ten years. But don’t worry – even if you don’t renew your card, you’re still a lawful permanent resident. Your status doesn’t expire; only your card does.

Can You Renew a Conditional Green Card?

You can’t renew a conditional green card. You can only remove conditions from it, which turns it into a permanent green card.

Can You Remove Conditions if Your Spouse Doesn’t Want You To?

It is possible to remove the conditions from your green card if your spouse doesn’t want you to. However, you’ll need a waiver from USCIS. Your attorney can help you get this waiver if you qualify for it.

When Do You Have to Remove Conditions on Your Green Card?

You must remove the conditions on your green card within 90 days of your two-year green card anniversary.

What Happens if You Don’t Remove Conditions on Your Green Card?

If you fail to remove the conditions on your green card, your lawful permanent resident status expires. At that point, you can be deported from the United States.

Related: The complete guide to removal from the United States

Do You Need to Remove Conditions if You’ve Been Married Longer Than Two Years?

If you were married longer than two years when you petitioned for your original green card, you won’t have a conditional green card. That means you don’t have to apply to remove any conditions – there aren’t any to remove.

Do You Need to Talk to an Immigration Attorney About Removing Conditions on Your Green Card?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
August 18, 2022

Can You Get a Green Card With a Criminal Record?

If you’re like many people, you want to immigrate to the United States and become a lawful permanent resident. You may even wish to eventually become a U.S. citizen. But what if you have a criminal record? This guide explains whether you can get a green card – and what challenges you may face.

Before you read any further, you need to know that if you have a criminal record, you must disclose it to U.S. Citizenship and Immigration Services (USCIS). If you lie on an immigration form, USCIS will reject your application.

Can You Get a U.S. Green Card if You Have a Criminal Record?

It’s entirely possible to get a green card in the United States if you have a criminal record. However, there are some offenses that make a person ineligible for a green card. They include aggravated felonies, crimes that involve moral turpitude, and crimes that involve illegal drugs.

Only convictions for these crimes make you ineligible. You were only convicted if you went to court and a judge said you were guilty of a crime, or you received a sentence (punishment) such as jail time, probation or community service.

If police arrested you and released you without charges, if the state charged you with a crime and dropped the charges, or if you went to court and the state found you not guilty of the crime, don’t worry. These circumstances alone don’t affect your eligibility for a green card.

Aggravated Felonies and Green Card Eligibility

Aggravated felonies make a person ineligible for a green card. An aggravated felony is a crime that the U.S. government defines in the Immigration and Nationality Act (INA), but the term can be a little confusing. That’s because every state in the U.S. has its own definitions of crimes, and some crimes that are on the INA’s aggravated felony list aren’t actually felonies in some states. (And that doesn’t even address the word “aggravated,” which has a different definition in many states.)

List of Aggravated Felonies

The following table outlines a few of the crimes the INA considers aggravated felonies. It’s not a complete list, though, and even if a crime isn’t defined as an aggravated felony, USCIS and the U.S. government may consider it to be one. That’s why it’s so important to work with a Port Chester immigration attorney if you want a green card but have a criminal record. Your attorney can evaluate your case and take the appropriate steps to help you apply.

Alien smuggling	Child pornography	Commercial bribery
Counterfeiting	Drug trafficking	Failure to appear in court for a felony charge
Firearms and explosives offenses	Forgery	Fraud or tax evasion over $10,000
Kidnapping	Money laundering over $10,000	Murder
Obstruction of justice, perjury or bribery of a witness	Racketeering	Rape
Sabotage	Sexual abuse of a minor	Simple battery
Spying	Statutory rape	Theft
Trafficking in destructive devices or firearms	Trafficking in persons or running a prostitution business	Trafficking in vehicles
Treason	Violent crimes

Again, this isn’t a complete list. Also, even if the INA doesn’t explicitly mention a crime, the U.S. government may still consider it an aggravated felony.

Convictions for these crimes may make you ineligible for a green card. But that’s not necessarily the end of the road: Your attorney may be able to ask for a waiver. The government decides who gets these waivers on a case-by-case basis. The nature of the crime and the applicant’s rehabilitation play major roles in whether a person gets a waiver. The government is very unlikely to grant a waiver for a conviction like murder or rape. It’s more likely to give you a waiver if you were convicted of getting into a fistfight with a friend and completed a sentence of probation for it (or something equally “minor”).

If you have a criminal record and want a green card, it’s important that you speak to an attorney. Your attorney can ask the government for a waiver for you.

What is Moral Turpitude?

The term moral turpitude refers to any “immoral, unethical or unjust departure from ordinary social standards such that it would shock a community.” In plain English, that means any crime committed with the intent to defraud or physically harm someone may be considered a crime of moral turpitude. The most common examples of these crimes involve murder, rape, fraud and animal abuse (or animal fighting).

Basically, if a crime is shocking to everyday people – such as running a dog fighting ring – it may count as a crime of moral turpitude. Other offenses, such as driving under the influence (DUI) or trespassing, don’t involve moral turpitude.

If you’ve been convicted of a crime involving moral turpitude, you can’t get a green card. But as with other criminal convictions, you may be eligible for a waiver. Your immigration lawyer will take a close look at your case and help you figure out what to do if your state has convicted you of one of these crimes.

Related: U visa processing times

What Crimes Involving Illegal Drugs Make You Ineligible for a Green Card?

Any drug conviction may make you ineligible for a green card. That’s true whether the state convicted you of possessing a little over an ounce of marijuana or trafficking 1,000 pounds of cocaine. There is one exception in the INA, though: If you have only one drug conviction, and that conviction was for possession of 30 grams or less of marijuana for personal use, you may still be eligible for a green card. However, if that’s your situation, you still need to apply for a waiver.

The U.S. government takes these types of crimes very seriously, so any drug conviction may make you ineligible to get a green card.

How Convictions Outside the United States Affect Green Card Eligibility

Sometimes convictions outside the United States affect green card eligibility. These convictions may be in your home country or in another country.

If the conviction is equivalent to the U.S.’s version of an aggravated felony, crime of moral turpitude or drug crime, USCIS treats it the same way it would if you were convicted in the United States. However, if the crime isn’t equivalent, your attorney may be able to argue that it shouldn’t count against you for immigration purposes. In either case, you may still be eligible for a waiver – and the government decides waivers on a case-by-case basis.

How to Answer Criminal History Questions on Your Green Card Application

If you have ever been convicted of a crime, even if it won’t affect your eligibility for a green card, you must declare it on your green card application. (When you apply from inside the United States, your attorney will use Form I-485, Application to Adjust Status. When you apply from outside the United States, your attorney will use Form DS-260, Immigrant Visa Application.)

The questions on the form ask if you have ever experienced certain circumstances. That means from the day you were born through the time you fill out the application. Here are a few of the questions on green card applications:

Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?
Have you EVER committed a crime of any kind (even if you were not arrested, cited, charged with, or tried for that crime)?
Have you EVER pled guilty to or been convicted of a crime or offense (even if the violation was subsequently expunged or sealed by a court, or if you were granted a pardon, amnesty, a rehabilitation decree, or other act of clemency)?

These questions ask you about any events that have occurred during your lifetime, so even if you were arrested as a child in your home country but released, you have had your criminal record cleared, or you have committed anything that you know was a crime (even if you weren’t caught), you must be honest.

You and your immigration attorney will sit down and talk about your criminal history. Be sure to share everything with her; she needs to include complete information on all your immigration forms.

What Happens if You Leave Out Some or All of Your Criminal History?

Leaving out some or all of your criminal history counts as immigration fraud. Naturally, if you made a simple mistake – such as forgetting that you pocketed a piece of candy from a convenience store when you were a child – your attorney can explain. However, if you lie because you think that USCIS won’t find out about your criminal record, you paid to have your record cleared, you were convicted in another country, or you don’t think a crime “counts,” you’re committing immigration fraud.

If you don’t disclose everything on your immigration forms, or if you purposely lie, the U.S. government may tell you that you’re permanently inadmissible. That means you can never get a green card (or even a visitor visa) to the United States.

Do You Need to Talk to an Immigration Attorney About Getting a Green Card With a Criminal Record?

If you need to talk to an immigration attorney about getting a green card when you have a criminal record, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

July 9, 2022

Green Card Through Marriage: Everything You Need to Know
If you marry a United States citizen or lawful permanent resident, you could be eligible for a green card. A green card is proof that you’re a lawful permanent resident of the U.S., and it enables you to live and work anywhere you wish. But how do you get a green card through marriage, and when do you become eligible? This guide explains everything you need to know about getting a green card based on your marriage to a U.S citizen or lawful permanent resident.

What is a Marriage Green Card?

There isn’t a special type of green card for people who marry United States citizens or lawful permanent residents; everyone gets the same type of green card. However, the eligibility requirements for a green card through marriage are different than they are through other paths. Often, people find it easier to get a green card through marriage then they do through a work visa or another program.

Before you can apply for a marriage based green card, you must be married to a U.S. citizen or lawful permanent resident.

Your sponsor has to petition the U.S. government for your green card. Your spouse is considered the petitioner or sponsor for your green card, and you’re the beneficiary. You aren’t allowed to apply for your own green card through marriage except in special circumstances. (See the later section, “Green Cards for VAWA Self-Petitioners,” for more information.)

Working on a Green Card

When you have a green card, you can work anywhere you’d like without special authorization from the government. That’s true even if you came to the United states on a work visa or you needed an Employment Authorization Document (EAD) to work before you married your spouse.

Going to School on a Green Card

You’re allowed to attend a college, university or trade school when you have a green card – there’s no special authorization required. You may also participate in on-the-job training programs, get an apprenticeship or attend special certification courses without permission from the U.S. government.

Related: What happens if you abandon your green card?

Who Qualifies to Get a Green Card Through Marriage?

You may be eligible to get a green card based on your marriage to a citizen or lawful permanent resident. However, your marriage must be legally valid and genuine. U.S. immigration law says that it must be a bona fide marriage. That means that you’re married because you want to spend the rest of your life with your spouse – and that you didn’t simply marry them to get an immigration benefit (like a green card).

You must also be admissible to the United States.. You’re inadmissible (meaning that you can’t enter the U.S.) if any of the following grounds of inadmissibility apply to you:
- You have a serious substance abuse problem.
- You’ve been convicted of drug trafficking.
- You don’t have the proper vaccines to enter the country, or you have a communicable disease “of public health significance,” such as tuberculosis. However, waivers are sometimes available.
- You’ve been convicted of or admitted to a crime of moral turpitude. A crime of moral turpitude is a crime that most people find shocking or against the rules of morality. Some examples of these crimes include murder, rape, spousal or child abuse, and animal fighting. There are many other crimes that fall under this term, as well, but sometimes waivers are available.
- You violated immigration laws, though you may be eligible for a waiver.
- You’re a spy, terrorist or insurgent, or Nazi.
Even if you’re already in the United States, the government must determine that you’re admissible before you can get a green card through marriage (or through any other means).

Waivers are available for some grounds of inadmissibility. Your Port Chester immigration attorney can talk to you about the specifics if any of them apply to you.

Eligibility Requirements

If you’re admissible to the United States and you’re married to a green card holder or U.S. citizen, you may apply. However, your spouse must show that they have the financial means to support your entire household. Additionally, your spouse must actually live in the United States (or intend to return to the U.S. with you if you’re both living abroad).

Can Your Kids Get Green Cards, Too?

Your unmarried, foreign-born children may be eligible to get green cards at the same time you do if they’re under the age of 21 at the time you apply. It’s okay if they’re not your current spouse’s biological or adopted children. They may be eligible based on their relationship with you, rather than their relationship with your spouse. You should talk to your immigration attorney about obtaining marriage-based green cards for your children; she can give you the legal advice you need.

Applying for a Marriage Green Card

Many people choose to work with an immigration attorney to get a green card based on marriage. That’s because the application process can be complicated and time-consuming, and even a small error could lead to rejection.

When your attorney helps you apply for a marriage-based green card, she’ll file Form I-130 to establish your marital relationship. She needs to include several types of documentation with this form, including proof that your spouse qualifies to sponsor you and that you’re legally married. Your attorney will also include proof that you’re in a bona fide (genuine) relationship with your spouse, such as:
- A joint lease
- Joint bank statements
- Photos of you and your spouse together
- Receipts for gifts you and your spouse have gotten each other
Then, your attorney will fill out and file Form I-485 or Form DS-260 for you. That form also needs supporting documentation, including proof of your nationality, that you entered the U.S. lawfully, and that you don’t have any communicable diseases that could pose a public health threat. Your lawyer may need to fill out a number of other forms, too, depending on your situation (such as an application for employment authorization or for travel authorization). You may also need to provide USCIS with other types of documentation, which your attorney will explain to you.

Green Cards for VAWA Self-Petitioners

Under most circumstances, your spouse must petition the government for your green card. You’re not allowed to apply for yourself. However, in some cases, people are allowed to apply for their own green cards. If you’re the victim of domestic abuse or cruelty, you may be eligible to apply for your own green card under the Violence Against Women Act (VAWA). You don’t have to be a woman to apply; it’s open to all victims of abuse or cruelty.

If you apply for your own green card this way, you’re called a VAWA self-petitioner. You may still be able to get a green card without your spouse’s knowledge or consent. If you’re in a situation like this, let your attorney know – she can help you fill out and file the appropriate forms with USCIS.

Related: What happens to your work permit after cancellation of removal?

The Marriage Green Card Interview

After your attorney has filed your petitions and supporting documentation, you have to participate in a green card interview. A U.S. Citizenship and Immigration Services (USCIS) officer will interview you. This officer’s primary job is to determine whether your marriage is genuine. That means the officer looks for evidence that you married just to get a green card – and if they find any, the government will deny your petition.

Your interview will take place at the USCIS office nearest your home. If you live abroad, your interview will take place at a U.S. embassy or consulate in your home country.

How the Length of Your Marriage Determines What’s Next

If you’ve been married for fewer than two years and USCIS approves your petition, you’ll receive a conditional green card that’s valid for two years. If you’ve been married for more than two years, you’ll receive a permanent green card that’s valid for ten years.

A Word on Conditional Marriage-Based Green Cards

A conditional green card is only temporary. It’s valid for two years. Before those two years are up, you must apply to remove the conditions; if you don’t, the government can deport you. (The condition is really that you remain married to your spouse for at least that length of time.) Your attorney can help you remove the conditions from your green card. After the conditions are removed, you receive a permanent green card.

Related: The complete guide to deportation

How Long Does it Take to Get a Green Card Through Marriage?

Though processing times vary, it typically takes USCIS between 9 and 36 months to process a green card application. Your immigration attorney can keep track of your application and keep you updated on its status while you wait.

Common Questions About Green Card Marriage

Check out these commonly asked questions about marriage-based green cards. If you don’t see the answer to your question here, please call our office at 914-481-8822 to ask – we’ll be happy to give you the answers and legal guidance you need.

How Long Do You Have to Be Married to Get a Green Card in the U.S.?

You typically have to be married for at least two years to get a permanent green card. However, you can get a conditional green card before you’ve been married that long. After you remove the conditions from your green card – which you do by showing that your marriage is legitimate (and that you’re still married to the same person) – you may receive a permanent green card that’s good for ten years.

Related: U visa processing times

What Happens to Your Green Card if You Divorce?

If you divorce your spouse before the government issues you a green card, the whole process stops. That’s because you were eligible for a green card based on your marriage to a U.S. citizen or lawful permanent resident – and now that you’re divorced, that relationship no longer exists. You cannot get a green card if you divorce while USCIS is processing your application.

If you divorce your spouse while you have a conditional green card, you need to prove that your marriage was genuine and that you didn’t commit immigration fraud. There are some special circumstances, such as when you’re a VAWA self-petitioner, that enable you to apply for your own green card if you divorce before your marriage is two years old.

If you divorce your spouse while you have a permanent green card, which is good for ten years, it probably won’t affect your green card renewal. However, you can contact an immigration attorney if you aren’t sure or need help with your renewal.

Can You Marry Someone Just to Get a Green Card?

It’s illegal to marry someone just to get a green card. When the U.S. government finds out that you committed immigration fraud, you’ll be removed from the country. If you’re removed, you won’t be allowed to come back for a set period of time – even if you have a home, a job and other ties to the United States.

Do You Need to Talk to an Immigration Attorney About Getting a Green Card Through Marriage?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
July 1, 2022

Tag: Green Card

Requirements for Cancellation of Removal for Permanent Residents

1. Fulfillment of Time Requirements

2. Demonstrate That There Are Compelling Grounds to Grant the Cancellation Request

Requirements for Cancellation of Removal for Non-permanent Residents

1. Meeting Time Requirements

2. Having the Appropriate Character

3. You Must Satisfy the Hardship Prerequisite

Guide on How to Apply for Cancellation of Removal

Here’s How to Submit Your Application as a Non-permanent Resident:

Cancellation of Removal Form and Fees

How to Get the Court to Grant Your Cancellation of Removal

1. Gather Evidence to Support Your Plea to Cancel the Eviction

2. Demonstrate your residence in the U.S.

3. Making the Judge Decide in Your Favor by Demonstrating That You Are Entitled to It

During Your Merits Hearing, Consider Having Family and Friends Speak

Do You Need to Talk to Lawyer?

What Is a Public Charge Rule?

What Is the Test for Public Charge?

Does the Federal Government Consider Public Benefits as Public Charge?

Does Public Charge Apply to All Immigrants?

Overview of the Public Charge Rule

The 2019 Public Charge Rule

1. Prior use of specific public benefits:

2. Leveraging public charge benefits in the future:

3. Education and Skills:

4. Financial status:

Public Charge Rule in 2022

Public Charge Final Rule on December 23, 2022: What’s New?

1. Attempting to Balance Your Income/Assets with Your Debt

2. The Government Will Ask for Information about Your Education, Skills, and Qualifications

3. Public Cash Benefits Collected from the U.S.

What Does This Mean for Immigrants?

11 Essential Documents Needed to Apply for a Green Card Through Marriage

#1. Birth Certificates

#2. Your Marriage Certificate

#3. Proof of Termination of Prior Marriages

#4. Financial Documents

#5. Proof of Sponsor’s Citizenship or LPR Status

#6. Proof of Lawful Entry to the U.S.

#7. Police Clearance Certificate

#8. U.S. Law Enforcement and Court Records

#9. Military Records

#10. Current or Expired U.S. Visas

#11. Medical Examination Document

Other Documents You May Need to Prove a Bona Fide Marriage

A Quick Look at Document Types

Do You Need to Talk to an Immigration Attorney About Applying for a Green Card Through Marriage?

How to Help Your Parents Get Green Cards

Who Qualifies to Sponsor Their Parents for Green Cards in the United States?

What is an Affidavit of Support?

What Form Do You Need to File With USCIS to Get Green Cards for Your Parents?

Do You Need Separate Form I-130s for Each of Your Parents?

Do Parents of U.S. Citizens Have to Wait for a Visa to Become Available?

What Happens After You File an I-130 for Your Parents?

Why Does It Matter Where Your Parents Live?

What Happens at a Green Card Interview?

FAQ on Sponsoring Your Parents for U.S. Green Cards

Can My Parents Work in the U.S. if I Sponsor Them for Green Cards?

Can Your Parents Bring Your Siblings to the U.S. With Them?

What Happens if USCIS Denies Your Green Card Petition for Your Parents?

Can I Sponsor My Parents if I’m Under 21?

Can I Sponsor My Parents for Green Cards if They’re Divorced?

How Long Does it Take for USCIS to Review a Green Card Petition for a U.S. Citizen’s Parents?

What Are the Chances of My Parents Getting a Green Card?

Do You Need to Talk to an Immigration Attorney About Sponsoring Your Parents for Green Cards?

What is a Green Card Sponsor in Family Immigration?

Who’s Eligible to Sponsor Someone for a Green Card in the United States?

Who Can U.S. Citizens Sponsor?

Who Can Lawful Permanent Residents Sponsor?

Can You Sponsor More Than One Person?

The Affidavit of Support for Green Card Sponsors

What is a Joint Sponsor?

What Are Your Responsibilities if You Sponsor Someone for a Green Card?

How Long Does Sponsorship Last?

What is the Process for Sponsoring an Immigrant?

Sponsoring an Immigrant Who Already Lives in the United States

Sponsoring an Immigrant Who Lives Outside the United States

What Supporting Documents Do You Need to Sponsor an Immigrant?

How Much Does it Cost to Sponsor a Family Member?