What You Need To Know To Get A Green Card
''El Show Sin Fronteras''
Spanish Video Above Translated In English Below
For today's program, we have prepared a very interesting topic for the immigrant community. We will find out how to legally work in the United States, and you will also learn more about Green Cards and how you can obtain them.
If you have doubts about how to work legally, how to get a work visa, how to have a travel permit to visit your family, or how to make them come to the U.S without taking any risk, feel free to contact us, because in less than 10 minutes we can give you the solution of what is happening and we will provide you with the answers you need in an honest and professional way.
There are still Dreamers who don't know they can apply, we have family petitions that are not going through because there is misinformation about how to do a Petition for an Alien Relative, and even worse, Humanitarian Visas, victims within the United States who have an opportunity to move forward and have not done so.
Do I Qualify For A Green Card?
Today we will be talking about a topic that always brings up a lot of questions, people often question: who are the people who can get a Green Card?
Our dear Austin immigration lawyer Kate tells us: ''There are about three ways to be able to arrange for permanent residency.
First, for the case of an employee who is requested by his company, in this case, the company has to prove that there is no U.S. citizen employee who can serve in that position.
This part of the process is not common for people who are in the United States without permission, because it is not possible to arrange for a company if you have been without permission in the country for more than 180 days.
We also get a lot of calls from people who have an employer who wants to help them but usually it is not possible to adjust your migratory status as an employee if the person has been in the U.S. without permission for some time.
The second way is through the family petition or Petition for Alien Relative of a person who is a permanent resident or U.S. citizen who petitioned for his or her immigrant relative, and there are many details in these cases.
It's a social status adjustment where you have to wait for your priority date or ask for a pardon.
Generally, the second group is people who are arranging to become permanent residents through a paperwork or family petition.
The third group is humanitarian cases, these are persons who suffered domestic violence and are seeking asylum in the United States, people who suffered or were victims of a crime and assisted law enforcement in the investigation, received a Visa, or a T-Visa for victims of human trafficking.
All people who become sheltered have the option to settle and get permanent at the end of the day, as there are several ways to settle available, and each group has its own requirements and necessary waivers.
For example, it's much easier to settle for people who have criminal records or have multiple entries into the United States if they are settling for a humanitarian case, rather than an employee case, for example.''
So, in order to get a Green Card, you have to go through a legal immigration process and not have it from the beginning.
One Step In Summary
Attorney Kate says: ''It is very rare to be able to do a case called a One Step; sometimes we find people who came in on a Visa, married a U.S. citizen, don't have as many entries, don't have a criminal record, and qualify to do a One-Step.
Whether it is an adjustment of status to permanent residency with the family petition in the United States, it is sending a package to immigration but normally the process of arranging it is a bit lengthy.
It is an application that first starts as a Juvenile Visa which is an I-130, and then there are the other parts of the waiver process and any other applications.
It is very important to repeat the process, because, for example, your neighbor or your brother's case is not the same situation, even if it seems to be exactly the same thing.
Can I Get A Green Card If I Have Several Years Here?
A question that we know many of our readers will find interesting, and we know that there are many people who have been living in the United States for some time now and don't know what their options are, so the question is this: I have been in the United States for 10 years, can I get a Green Card just by staying in the United States or is this something that is not possible?
Our lawyer Kate comments: ''There are rumors saying that when a person has been in the country for more than 10 years, he or she can adjust their status, but there are two things you need to know before.
First, they are people who have been placed in deportation proceedings, people who have been in the U.S. for more than 10 years, have children born here, or are caught in a raid at work.
Those people can ask for defense in front of the immigration judge, and this is called cancellation of removal, where you have to prove that the person has been in the country for more than 10 years and has shown good moral character.
Yes, there is a defense for people who have been here for more than 10 years, but only people who are in deportation proceedings are eligible, and it is not a case that you can request by mail from immigration.
I also want to say that there is a bill being proposed in Congress right now that will include a way for people who have been in the United States for a long time to apply for Parole.
It's five years in, and it's possible that we're going to have a new law to be able to help people who have been in the United States for a long time, but right now it's not a law.
It is very important to understand that, if there is a message from a notary, from a lawyer, or from a company saying that We can help them with the new five-year or ten-year permanent residency law, it is not real and you have to be careful because I've always seen that when there's a proposed law or an idea for a new law, I see advertisements saying I can help you with this new law, even though it hasn't happened yet, so it's important to be updated on what's going on and not spending money on notaries or with other people if there's no way to fix it for the moment.
One question that is important to answer in today's program is whether this document or this Green Card (which is to obtain permanent U.S. residency), How permanent is it?
Kate says: ''The Green Card is permanent, but it is possible to lose your residency if you commit a crime, which is usually a crime involving weapons, drugs, violence, or theft.
A permanent resident is not going to lose his Green Card if the police stop him for not driving without a license, or something that is not very serious, but anyway if the case is risky or not, every crime is different, it is something that a lawyer has to investigate when someone has pending charges, but if it is not an arrest or if there is no conviction for a crime, a permanent resident is going to have his Green Card which is valid for 10 years, but the status does not expire, only the plastic card.
It is possible and also very important to renew the card every 10 years, or to apply for citizenship at the time you qualify, which is normally for residents who have been in the country for more than five years.
Another question that our dear audience asks us is the following: I already have my permanent residency in the United States, you say it is five years but there are people who qualify for three years, who are those people?
Kate shares, ''Those are for people who are married to U.S. citizens.
Normally arranged by your marriage, although it is not necessary, if you are married to a citizen and have been living with the U.S. citizen for three years, you can become a citizen in that period of time.''
Work Permits & U Visa
Another question we have from our audience would be the following: How long is it taking for work permits to come in while waiting for the U Visa?
We are still not very sure and what we are seeing is that there are cases that have been submitted for almost four or five years, and now they are receiving invitations to apply for work permits.
We, for our part, are asking for permits for our clients who have already made their prints, although immigration has announced that they will offer work permits to those who have sent in their complete package and made their prints, they will be able to ask to receive the work permit. We are in a time to wait and see what immigration will do.
Residency & Citizenship Examination
Another question we get asked from our networks is: What if I am a resident but did not pass my citizenship test? Can my residency be taken away for that?
Kate tells us: ''Don't worry, you will not lose your permanent residency if you fail your citizenship test, and for whatever reason, if you are denied citizenship because of missing documents, missing information on your form, missing your appointment, or failing the test, nothing will happen to your Green Card.
The only permanent residents who are at risk of losing this data are people who received their residency by fraud, or people who have been arrested and convicted of crimes.
That's why we say that for every permanent resident who wants to become a citizen, they should consult with a lawyer before they apply because that's what we do in the consultation, we ask questions so that there's no risk of losing their information.
One question about this issue, and is that we are afraid of losing that citizenship. What happens when they apply here? By having U.S. citizenship, do you lose your Mexican citizenship, or what happens at this point?
Kate tells us: ''It is possible to have dual citizenship when you take the U.S. oath.
There is a part where it says: My allegiance is to the United States before any other country.
You can also have two passports, you can have dual or triple nationality.
You have to take the oath, but you can still have citizenship of Mexico or other countries as well, no problem.''
In case you have additional questions about Visas, if you are applying for residency or citizenship, or about your specific case, you can contact us at (855) 502-0555. After a short 10 minute evaluation of your case via telephone we will let you know what options you have. You can also follow us on our social networks so you don't miss our weekly broadcasts via Facebook, YouTube y Twitch.