Lawful Permanent Residency
Lawful Permanent Residency can allow a person to live and work permanently in the United States. After a certain period of time, an LPR (lawful permanent residency) or “Green Card” holder may be able to apply for Naturalization to become a US Citizen.
There are many pathways that may allow a person to become eligible to apply for a Green Card. Helen Tarokic Law, PLLC may be able to help determine if any of the following are an option for you:
- Family of a US Citizen
- Spouse
- Fiancé(e) and their child(ren)
- Parent of a Citizen who is 21 or older
- Unmarried child under age 21
- Married son or daughter
- Brother or sister of a US citizen who is 21 or older
- Family of a Green Card Holder
- Spouse
- Unmarried child under age 21
- Unmarried son or daughter of an LPR who is 21 or older
- Green Cards based on Employment Categories
- EB-1: Extraordinary Ability, Outstanding professors and researchers, Certain multinational manager or executive
- EB-2: Advanced Degree or Exceptional Ability
- EB-3: Skilled Workers, Professionals, Unskilled (Other) Workers
- EB-4: “Special Immigrant” categories, including religious workers, certain broadcasters, certain retired officers of a G-4 international organization or NATO-6 civilian employees, certain employees of the US government who are abroad, members of the US armed forces, Panama Canal company or Canal Zone government employees, Certain physicians licensed and practicing medicine in the US as of Jan 9, 1978, and S Nonimmigrants.
- EB-5: Immigrant Investors
- Victims of Human Trafficking (T Visas)
- We have a section of our website devoted to T Visas, as well as several videos on our YouTube and Facebook page.
- Sometimes, a person with T Visa status may be able to apply for a Green Card, either through an “early adjustment of status” process that typically begins right after being approved for T status.
- Alternatively, a T Visa holder may be able to apply through a regular application that is filed three years after the person has held T status and lived in the United States.
- Victims of Crime (U Visas)
- We have a section of our website devoted to U Visas for victims of crime.
- Generally, a person with U Status may be able to apply for a Green Card after three years of holding the status and living in the United States.
- Their family members derivative U status may also be able to adjust after three years of holding that status and living in the United States.
- VAWA Self-Petitioners: The applicant suffered battery or extreme cruelty (forms of domestic violence) from:
- Their spouse, who is a US Citizen or LPR, or
- Their child, who is a US Citizen, or
- Their parent who is a US Citizen or LPR (if the child applicant is unmarried and under 21)
We also have a section on our website devoted to providing more information about VAWA as well as other possible immigration remedies for victims of Domestic Violence (including T and U Visas).
Please note: We recommend that people do not file immigration applications on their own, including Adjustment of Status and Naturalization applications. Applicants should instead consult with a qualified immigration attorney.
Adjustment of Status based on T Visa
T Visa applicants and their derivative family members may be eligible to apply for Lawful Permanent Residency (Green Card) after three years in qualifying status.
However, some T visa holders may even qualify to apply for Lawful Permanent Residency status within the same year that their T-1 case is approved. This is known as “Early Adjustment” and this option is available if law enforcement have completed their investigation of the trafficking crime and/or no longer need the Applicant’s active participation in the investigation because the case is inactive or closed out. A qualified legal team can guide Applicants on whether Early Adjustment is an option for them.
Adjustment of Status based on U Visa
U Visa applicants and their derivative family members may be eligible to apply for Lawful Permanent Residency (Green Card) after three years in qualifying status.
After receiving U-1 or U Derivative status, it is important to have a consultation with a qualified attorney or their legal team to understand what documents and information may be required to prepare the application – especially how to show that the applicant has been present in the United States for the required amount of time for their filing.
It may also be needed to file for extension of U status for derivative family members to meet the three year presence rule.
Overview of the Adjustment of Status Application
The Form I-485 and other associated forms for the Adjustment of Status application require many documents and information about the Applicant and their family.
Applicants can expect that a qualified immigration attorney and legal team may do a detailed overview of the applicant’s immigration and life history, both since the person has been in the United States and before they came to this country. The information requested may include evidence of the following:
- The Applicant’s physical presence in the United States for a particular period of time (with exceptions for T derivatives),
- The Applicant’s good moral character, including records of criminal offenses,
- The Applicant’s financial status (with exceptions for T, U, and VAWA applicants),
- Employment history,
- Address history,
- Identification documents, birth records for Applicant and family, marriage/divorce records, tax filings, and other evidence of your life history and your life in the United States.
- Updated vaccinations and a medical exam (with specific instructions provided during legal representation as to the requirements for the medical exam and as to where and when it should take place).
Some residency processes require a interview at USCIS, and some do not. Some residency processes result in a temporary Green Card, and others result in a full 10-year permanent residency.
Consular processing
Some applications for residency cannot be completed inside the United States. For cases that will undergo a consular process, at a US Embassy or Consulate abroad, an attorney or legal team may advise on how to work through those stages step-by-step to try to reunify a family.
Litigation related to long wait-times
For some residency cases, whether they are through a US consulate abroad or through USCIS in the US, it may be needed to file a lawsuit to speed up the process. Our law firm sometimes partners on litigation with other attorneys in certain types of cases. We may be able to offer a consultation to advise whether litigation is a good option for delayed adjudication of an application.
Discuss Your Legal Needs During an In-Depth Case Evaluation.
Take the first step by scheduling a consultation with our team.