When To E-file My Green Card Renewal?

Green card is the ticket to getting a comfortable job and to reside peacefully in the US. It gives a sense of secure feeling to the individuals as they have the most important legal rights granted to them. The easiest way of getting a green card is by marrying a US citizen, as the citizens have the right to sponsor their immediate relatives. Getting a green card is very important and at the same time, keeping it fully updated and valid is also important. This is where the green card renewal comes to play.

Why Green Card Renewal?

USCIS has instructed all the Green card holders to have their cards with them all the time, irrespective of where they travel or what they do. Recent laws have authorized the police to pull up anyone that they feel to be suspicious and check their legal status. In these circumstances, having a green card (fully valid one) will be highly useful. Even though the Green cards are issued for the purpose of granting permanent residency till the entire lifetime of the individual, they come with a10 year validity period only. Green card holders should go in for a green card renewal when the card is about to expire or has already expired.

Before E-filing

This is one of the recent facilities introduced by the USCIS to facilitate easy submission of the green card renewal applications. Before starting this process, the applicant should ensure that he/she is eligible for filing in I-90 (Application for Green card renewal). Following circumstances will not allow a person to go in for e-filing

• Removing the conditions on the card cannot be done
• Applying for a fee waiver
• Residing outside the US , Guam, Puerto Rico or the US Virgin Islands
• The card was never received or received with an incorrect data due to an USCIS administrative error
• Renewing within 30 days of becoming a 14 year old when the existing card has expired or not expired.

Having a Pc with a compatible browser and a secure, fast internet connection is the next item on the list. Once the applicant logs in to the E-filing page of the USCIS website, he/she must follow the instructions that are specific for each and every form that are listed on the page. In order to login and e-file a form, the applicant must first create a valid user account, which is very easy and can be done within a few minutes.

USCIS has taken the pains to list out the most common mistakes that applicants do while filing in their applications, which leads to rejection or denial. It is highly important that the applicants go through this before e-filing.

E-filing process

Once the applicant has completed the application and submitted it, he/she should ensure that it has been successfully done. The following are indications that the application process has been successful

• Receiving a receipt number on the web confirmation page
• Receiving a Form I-797 (Notice of Action) with the confirmation receipt number through mail, that too within 10 days of e-filing

Before closing the e-filing page, applicants should note down the receipt number on the confirmation page. Only then 'finish' has to be given which will generate a PDF copy of the green card renewal application. Applicants are also advised to save a soft copy of their completed application and confirmation receipt notice on the computer or USB. It is essential that the applicants' fingerprints and photographs meet the USCIS stipulations as only then they will be processed further. Source: immigrationdirect.multiply.com

Apply Green Card

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Immigrants with Entrepreneurial Spirits Could Gain Green Cards

Officials at US Citizenship and Immigration Services (CIS) recently announced a policy shift that would allow foreigners who dream of owning a business in the states an easier path to obtaining a green card, the New York Daily News reports.

"What we hope is that we will receive more applications and petitions," explained Alejandro Mayorkas, director of CIS.

The laws for legal residency and citizenship will remain the same for now, but the initiative by CIS is designed to help aspiring entrepreneurs find waivers and possible loopholes to expedite their bids for green cards. Staff members at CIS will also be trained on how the visa rules apply to owners of start-up businesses. The agency is especially interested in foreigners who want to start businesses in the high-tech industry.

Applicants must show how their work will benefit America in order to have their information fast tracked. However, the normal rules still apply regarding quotas that allot a certain number of work visas to be given to highly skilled foreign workers from a particular country.

According to the University of Pennsylvania, one in four American technology and engineering companies founded between 1995 and 2005 had at least one founder that was foreign-born.

Source:Immigrants with Entrepreneurial Spirits Could Gain Green Cards

USCIS Changes Immigration Document Mailing Set Up

The US Citizenship and Immigration Services (USCIS) recently announced that it has completely implemented a change to the way it mails out important immigration documents.

The federal agency said that the Secure Mail Initiative (SMI) has been implemented and it will utilize US Postal Service (USPS) Priority Mail with Delivery Confirmation. This change will ensure that immigration documents are not only delivered in a secure fashion but also that they arrive in a timely manner, according to the USCIS.

SMI will allow those waiting for important immigration ins documents – such as permanent residence cards and employment authorizations – to track their packages using the Post Office's tracking system. It will also get these US green cards and other documents to their intended recipients. According to a release from the USCIS, post sent as USPS Priority Mail usually arrives two to four days sooner than first-class mail.

The USCIS said in its release that those waiting for immigration documents should wait at least two weeks after they get their approval notices to contact the agency for further information.

Source: USCIS changes immigration document mailing set up

US Immigration Problems

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Most of us are confronted with immigration problems both while in the US and outside the US. If you feel that your immigration problems were manifold at the borders than while in the US, think again. Here is why.

Lets start with those lucky ones who have got their green card through marriages. Not many are aware that there are underlying conditions attached with green cards obtained through marriage. If a green card has a two year expiration date it implies that the applicant is on a conditional permanent residence status. To remove the conditions attached with the green card, the applicant needs to file the the form I-751. The form I-751 must be filed during the 90 days immediately before the card is due to expire. In most instances this form is filed jointly by both the husband and wife to show the USCIS that they are together. However if this form is not filed on time there is an underlying risk of loosing his/her immigrant status and to compound to their immigration woes, his/her stay in the US will be termed as illegal.

Most of us are vary of the fact that green card plays a pivotal role in our daily life. The possession of a green card allows us to work, live and study in the USA without any problems. But the absence of one would leave us stranded in an immigration outpost or while renewing a drivers license. There have been many an instances were people have been stopped by immigration officials for not possessing a valid green card. So think again whenever you embark on a trip. Ask yourself the question, “Am I traveling with a valid card?”

There has been a steady influx of immigrants to the US over the years. These immigrants are in the US with varied visas. Per law, these immigrants are required to notify the USCIS of their change of address through the form AR-11 within 10 days. Post 9/11 USCIS has made it mandatory that all immigrants with the exception of US citizens should notify them within 10 days of them moving to the US their address and a change of address if any with the form AR-11. Failure to comply with this immigration INS rule would lead to harsh penalty which also includes imprisonment or removal from the US.

Individuals and employers are also confronted with serious problems arising out of the complexity of the immigration process. Though the Immigration and Nationality Act is the principal statute that governs the immigration laws in the US, there are myriad other laws, regulations, procedures and policies that would play a great part in the manner in which a foreign national may enter the United States, while seeking temporary status, green card or for that matter his US Citizenship too. Many of these immigration problems stem from the complexity and opaque nature of the immigration rules and the various agencies administering them.

Applicants filing with the USCIS continue to face lengthy and costly processes which adversely impacts their immigration prospects.

Green Card Through Family

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Family immigration is the process where you are sponsored by your family member for legal stay in the US. Green card gives you legal resident status in the US. With a green card, you can live and work in the US permanently. There are different ways through which you can get a green card. You can get one through employment or through the Diversity Visa lottery program. Family immigration is also possible where you can be sponsored by your US citizen or permanent resident family member for a green card.

Family based green card :

In the family based green card process, as a legal permanent resident, you can sponsor your spouse and unmarried children. But to sponsor your parents or siblings, you need to be a US citizen. You can get a green card by being the immediate relative or as a family member in a preference category. But who is an immediate relative in the family immigration context? You are a immediate relative if you are the child (unmarried and under 21 years old) of a U.S. Citizen or the spouse (husband or wife) of a U.S. Citizen or the parent of a U.S. citizen (if the U.S. citizen is 21 years or older).

Whereas you will fall into the preference category in the family immigration context if you are the unmarried son or daughter (21 years or older) of a U.S. Citizen or a married son or daughter (any age) of a U.S. Citizen or a sibling (brother or sister) of a U.S. Citizen. So being an immediate relative or in the preference category will be an advantage in the family immigration process.

While sponsoring your family member, the US citizen or lawful permanent resident needs to file an Affidavit of Support. The US citizen or lawful permanent resident (green card holder) needs to file Form I-130, Petition for Alien Relative with the concerned authority that is the USCIS. Once the petition is approved, the USCIS sends a notification to the US citizen or permanent resident who filed this petition and to the National Visa Center. There is a limit to the number of family-based immigrants in certain categories every year. So the petition will remain in the National Visa Center until an immigrant visa number is available. But here, the immediate relatives of the US citizen, namely parents, spouse and children have an advantage as they need not wait for this visa number as a number is made available as soon the visa petition is approved. The foreign relative will then be informed by the National Visa Center about the petition received and will also notify as soon as the visa number is available. So when the petition is approved, the foreign relative can apply for an immigrant visa at the US embassy or Consulate in their country which is called Consular processing. Whereas, if the foreign relative is already in the US, he/she can adjust non immigrant status to a permanent resident status as soon as the petition is approved by the USCIS. Here the foreign relative can complete the processing without even having to return to his home country.

You can also get a permanent resident card through special categories of the family immigration namely, being a battered child OR you obtained V non immigrant status OR born to a foreign diplomat in the United States to name a few.

How can I sponsor my parent for a Green Card?

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A Green Card allows you to permanently live and work in the United States. Green Card is also called as a Permanent Resident Card. There are several ways to obtain Lawful permanent residence in the United States. If you have a family member in the U.S. who is willing to sponsor you, then you can obtain a family-based Green Card. Obtaining Green Card for a parent is an easy process.

Eligibility requirements to sponsor a Green Card for a parent

If you are willing to sponsor a Green Card for a parent, you must meet the following requirements:
• You must be a U.S. citizen.
• You must be 21 years or older.

Permanent Residents and Conditional Residents are not eligible to sponsor a Green Card for a parent.

Process involved in filing a family-based Green Card application

The multi-step process that you should follow while sponsoring for a Green Card for a parent is given below:
• The first requirement for family-based Green Card is that, you should submit Form I-130 Petition for alien relative. This form is used to establish the relationship between you and your parent. Along with the form you have to submit a copy of your birth certificate, showing your parent's name.
• USCIS should approve Form I-130.
• You should file Form I-864, the Affidavit of Support to ensure the United States government that your parent will not become a public charge. As a sponsor you should be able to support your parent who is immigrating to the U.S. and your dependents (if any) at 125% or more according to the U.S. poverty guidelines. This is a very basic and essential requirement in the process of family-based Green Card application. You have to submit the Form I-864 with USCIS, when your parent is applying for adjustment of status.
• Family-based Green Card applications require the Department of State to provide a immigrant visa number for your parent. The immigrant visa number will be available only after the immigration visa petition is approved.
• If your parents are living inside the U.S., they should apply for Adjustment of Status to receive a Permanent Resident Card.
• If your parents are living outside the United States, when they arrive in the United States their passport will be stamped. This stamp is an authorized seal until the Green Card is issued, that they are allowed to live and work in the U.S.

If you (sponsor) are inside the United States, you must submit the required forms and supporting documents for family-based Green Card application with the USCIS. If you are outside the U.S. you must contact the U.S. consulate to know how to proceed with the Green Card application process.

The processing time for family-based Green Card depends upon the preference category. If you are eligible to sponsor your parents, complete the required forms and send them to USCIS along with the supporting documents. Very soon you will be a Permanent Resident.

What is concurrent Filing?

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The stage 2 in an Employment based green card application process is filing an immigrant petition Form I-140 on behalf of the beneficiary. As per the new rule by USCIS the green card application can be filed simultaneously with I-140 petition. The process of filing Form I-140 and Form I-485 at the same time is called concurrent filing.
On Form I-140 one has the option to choose between consular processing and adjustment of status for green card application. Concurrent filing on Form I-140 and Form I-485 can be made only if the employee is currently inside the United States. Concurrent filing on Form I-140 and I-485 is not applicable if the employee wishes for a consular processing outside the United States.
The Form I-140 and Form I-485 can be filed together only when a visa number is immediately available. First one needs to determine if an visa number is immediately available. In case of employment based first preferences category the immigrant visa number is usually current, so one can apply for green card application while filing I-140. Concurrent filing of green card application based on other preference category usually depends upon the the date the labor certification application was accepted by the Department of Labor for processing when a labor certification is required. The Visa Bulletin is available using which one can check their place in the immigrant visa queue. The cut-ff dates for all the categories of employment based green card application is provided by the Visa Bulletin.
If there is no much demand than the visas in a given preference category and based on country of birth or it may be the country of changeability, then immigrant visas becomes current. If the Chart shows “C” then it means the visas is immediately or it is current and one is eligible for both filing both the Form I-140 and Form I-485 simultaneously.
When Form I-140 and Form I-485 are concurrently filed one has lots of benefits like filing the green card application earlier along with it one will be filing Employment Authorization Documents and Travel Document, so one can work legally and also can travel outside the United States.
USCIS will issue separate Receipt Notices for the Form I-140 Immigrant Petition and the Form I-485, Application to Adjust Status to Permanent Resident. The Receipt Notices will be issued on Form I-797. You can expect to receive the Form I-140 Receipt Notices within 30 days. The Form I-485 Receipt Notice will be issued to also within 30 days. The Form I-797 Receipt Notices are confirmation that USCIS has received the petition and application, and accepted them for processing.

One must wait for USCIS to complete processing of this case. Generally, an interview is not required. However, if an interview is required, USCIS will be issue an appointment notice to complete processing. If an appointment is not required, decision via mail will be sent. USCIS will most likely issue a decision on the Form I-140, Immigrant Petition before it issues a decision on the Application to Adjust Status to Permanent Resident. If I-140 is approved USCIS will process the I-485 application. If USCIS denies I-140 then I-485 will also not be processed.