Milwaukee Green Card Lawyer

The United States Permanent Resident Card is an identification card documenting the permanent resident status of an alien in the United States. It is known as a “green card” because it is green. You may be eligible to apply for a green card through your family, a job offer or employment, refugee or asylum status, or other special provisions. In some cases, you may even be able to self-petition. If you are interested in pursuing this path, would like to know more, or to discuss your situation with an attorney, contact Sesini Law Group.

Eligibility for a Green Card

In order to qualify for permanent resident status, a non-United States citizen must meet certain eligibility criteria, either from within the United States through adjustment of status or from abroad through consular processing. Eligibility categories are:

• Family-Based
• Job or employment-based
• Refugee or asylum
• Special programs

Family-based: Immediate relatives of U.S. citizens do not have to wait for a visa, and there is no limit to the number of visas that can be issued, unlike with some other eligibility categories.

Immediate relatives include:

• Parents of a U.S. citizen (if the U.S. citizen is at least 21 years old)
• Spouses of a U.S. citizen
• Unmarried children under the age of 21 of a U.S. citizen

Job or employment-based: People who would like to become immigrants based on employment or a job offer may apply for permanent residence through adjustment of status if they are in the United States and eligible, or for an immigrant visa through consular processing if they are outside of the country. Entry in this category is limited.

Refugee or asylum:If you were admitted to the United States as a refugee or as a qualifying spouse or child of a refugee, you are required to apply for permanent residence after one year of physical presence in the United States. Additionally, if you were granted asylum in the United States or are a qualifying spouse or child of an asylee, you may apply for permanent residence after one year of physical presence following the grant of asylum.

Petitioning for a Green Card

Petitioning for adjustment of status can take several months to more than a year and will require biometrics and a formal interview. If the person petitioning is the spouse of a United States citizen, then the immigration officer conducting the interview will require proof of a valid marriage. While the Adjustment of Status application is being processed, many people also file for employment authorization and “advance parole” allowing them to work and travel to and from the United States prior to completion.

Keeping Your Green Card

Permanent residence does not expire, but it can be lost. The card itself is valid for ten years and must be renewed, which is separate from your status.

The most common risk is abandonment through travel. Absences of six months or more may raise questions about whether you intended to keep the United States as your home, and an absence of a year or more generally breaks continuous residence. If you know you will be abroad for an extended period, a re-entry permit filed before you leave preserves your status for up to two years.

Other obligations are easy to overlook. You must report a change of address to USCIS within ten days of moving, and criminal convictions can make even a longtime permanent resident removable. If you are planning extended travel or facing charges, get advice before acting.

Contact Sesini Law Group

If you would like to apply for citizenship, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support