Haynes Law, PLLC

Immigration 

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1. What is a Green Card and how do I get one?
   
   A green card establishes your right as a lawful permanent resident to live and work in the United States. An individual may be eligible to apply for a green card through a family member or employer, refugee, asylum status, or under other eligibility provisions.
   
   In order to be eligible for a green card, you must meet certain eligibility requirements.  An immigration lawyer will provide you with assistance in completing and filing the green card application correctly with the U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). 
    

 2.  How can I obtain citizenship in the United States?

 

The legal process for obtaining citizenship is called Naturalization. You are eligible for Naturalizatin if you are 1) at least 18 years old, have been a permanent resident for 3 to 5 years, have not been outside the U.S. for 30 months or more, have not taken a trip outside the U.S. that lasted longer than one year, can read, write, and speak basic English, and a person of good moral character. Completing the Naturalization Form N-400  can be a daunting and complex task, consult with an immigration lawyer to help you through the process.

 

 

 3. How do I Apply for a Work Permit?

 

You must be in a certain category of people in order to apply for a work permit or employment authorization document (EAD). Form I-765 must be completed and submitted to USCIS, along with a photo and the proper fee.

 

The most difficult task in applying for a Work permit is making sure you are eligible class who qualifies becauseit is only avialble to a limited group of immigrants such as those in the process of adjustment of status (green card) or in the U.S. on a temporary basis. 

 

Oftentimes, applying for a work permit is confused with applying for a work visa. With H-1B Status Work Visas, an employer has an available position and then files a Form I-129 Petition with USCIS.  It is recommended that you discuss your specific circumstance with an immigration attorney to make sure that the proper forms are filed within the required timeframe.

 

 4. My work permit expired, what should I do?

 

It is best to apply for an extension 90 days before your work permit expires. However, if your work permit expires, should contact an immigration attorney to discuss your particular situation and your rights.  

 

 5. Are there any available options for me if I have overstayed in the United States?
 

You are illegally present in the United States if you overstay your visa. If your visa has not expired you can apply for an extension and provide reason with good cause as to why you overstayed. If you  have stayed in the U.S. beyond the date on your Form I-94 not on your visa, then you should contact an immigration attorney to discuss your options.

 

 6. What if I entered the U.S. legally with a visa, was physically present in the U.S. on December 21, 2000  but am now out of status, and I just married  a U.S. Citizen. Can I adjust my status my status?

 

Yes, under the benefit of the Amendement to INA 245(i) which allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petition are approved. You will have to pay a penalty fee. 

 

 7. May I leave the U.S. during my Adjustment of Status Process?

 

Depending on your particular circumstances, you may leave the U.S. while your adjustment of status is pending as long as you obtain a travel document before leaving. An immigration lawyer can answer questions specific to your situation.

 

 8. Is My Green Card at Risk if I Stay Outside the U.S. for over 6 Months?

 

Yes, you risk abandonment of your green card if you are outside the U.S. for more than 6 months. Certain emergency circumstances may require you to leave temporarily for extensive periods of time.You must be able to show evidence of a legitimate purpose such as to care for a family member, study abroad, business venture.

 

The basic rule is that if you are physically present in the U.s. longer thank  any other place, than your main place of residence is the U.S. If you are a LPR who has beenbeen outside the U.S. for more than one whole year, your green card Form I-551 Permanent Resident Card is not valid to for reentry to the U.S. You must apply at the U.S. Consulate abroad for a SB-1 Returning Resident Visa and provide proof that the extensive stay was beyond your concontrol and apply to the CBP officer att he port of entry for a "waiver" of the green card and prove that the stay was temporary and with "good cause" for not returning within one year.

 

  9. What are the grounds for Deportation? 

 

There are a number of ways that an non-immigrant may face deportation. The main reason is unlawful or overstay in the United States. Some common examples are if a person's conditional permanent resident status was terminated, committing marriage fraud, failure to notify USCIS of a change of address within 10 days, or criminal activity or conviction. If you've received a notice of deportation, consult with an immigration lawyer to promptly evaluate your situation to determine the most effective means of relief.

 

 10. What should I do if I receive a Notice to Appear on the grounds of Deportation and Removal?

 

Making a simple mistake completing a form, answering a question or omitting information could cause you to receive a notice to appear. An immigration lawyer can help by explaining why you received the notice. In some cases, you may be eligible to apply for a cancellation of removal, if you have good moral character, have not been convicted of of a crime of moral turpitude or aggravated felony, and be able to demonstrate that your removal would cause a substantial hardship on your family members such as a spouse, parent, or child.