Legal Permanent Residency & Citizenship

 
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Please contact us to evaluate your case if you are interested in applying for legal permanent residency or for the removal of conditions of your permanent resident card.

Legal Permanent Residency: Green Card

There are different ways to becoming a Legal Permanent Resident – better known as having your “green card”. You could obtain residency though sponsorship through an immediate relative, an employer, as an asylee/refugee, and several other forms. It can also be obtained through either adjustment of status within the U.S. or consular processing with the U.S. Department of State. It is possible to obtain work authorization during the time your “green card” application is pending. Once you are approved, your green card is usually valid for 2 or 10 years.

Removal of Conditions on Green Card

When a person is granted a two-year green card, this is called a Conditional Permanent Resident. This type of condition is usually issued when a marriage is less than 2-years, if a person obtained their green card through marriage.  The United States Citizenship & Immigration Services does this to ensure that the marriage is not fraudulent for the sole purpose of obtaining a green card.

In order to remove conditions, a person can apply for a Removal of Conditions withing 90 days before the expiration of the two-year green card and demonstrate evidence that the marriage is bona fide. A person can apply for naturalization during the pendency of their application to remove conditions.

In some cases, in the event of a divorce before the two-year period is up, it is still possible to apply for the removal of conditions under certain scenarios.

Naturalization

Naturalization is the process to become a U.S. citizen if you meet certain requirements. In order to be eligible to begin your naturalization process, you must:

  • Be at least 18 years of age at the time you file the application;

  • Have been a lawful permanent resident for the past three years if applying as the spouse of a U.S Citizen, or five years for others – AND have had continuous residence and physical presence during that time;

  • Be able to read, write, and speak basic English to be able to pass a knowledge civics, reading, and writing test. There are accommodations for those who have been residents for over 15 years and of a certain age.

  • Demonstrate good moral character;

  • Demonstrate a loyalty to the principles of the U.S. Constitution; and;

  • Be willing to take the Oath of Allegiance.

There are some exceptions in this process for those whose parents became citizens before they turned 18 years of age and/or served in the U.S. military.