Archive for November, 2010

How To Replace A Lost Green Card?

Posted on November 26, 2010. Filed under: Immigration | Tags: , |

Just imagine you have settled with work and stay in the US and one fine morning you wake up and see that you have lost your green card. Its really a night mare to have lost the green card, as the permanent resident card proves your identity in the US.

The first step is to try to sort out the issue and not to panic. Secondly, a police complaint needs to be filed so that your permanent resident card is not misused. Finally, you need to replace the lost green card which is a fairly straight forward process. Per the law, you are supposed to carry your permanent resident card at all times to prove your status, hence it becomes necessary to replace the lost green card at the earliest.

Replacing the lost green card:

Now comes the question how to replace a permanent resident card? It is not be as tough as getting a new green card. Yet it a job that entails preparation of application and spending some time on it.

The best way to know how to apply to for a replacement of a lawful permanent resident card can be found online. With the internet coming into existence, replacement online is the preferred mode of replacement or renewal for most immigrants in the United States. Whether they lost their card, it has been stolen or mutilated, they really need to replace it with a new updated permanent resident card.

The United States Citizenship and Immigration Services (USCIS) has formulated certain parameters on how one can replace their lost LPR card by the replacement process and safeguard their green card which is an important document. Not having an updated document might lead to residency issues or employment related problems.

The replacement of the green card can be done by filing Form I 90, Application to Replace LPR Card, which is the application to replace or renew your lawful permanent resident card. This form cannot be filed to apply for a new green card or to remove the conditions on a conditional green card. If you are an LPR card holder and you lost it while you were outside the United States, the best option is to contact the nearest US embassy or consulate who can help you in obtaining a replacement card by assisting you in filing the form appropriate to your situation.

The application should be filed along with the processing fees and the required documents. It is not necessary to submit photos along with the application. The completed application should be mailed to the specified address and after few weeks of submission you will receive a notice from the USCIS regarding your fingerprints and biometrics. On approval of your application you will be issued with a permanent resident card which will be mailed to you. The approximate processing time is about 3 to 4 months.

On the whole the replacement process does not seem to be tedious process at all. Proper guidance will help you to replace your LPR card at the right time and you can enjoy all the benefits.

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US Citizenship Through Parents

Posted on November 19, 2010. Filed under: Immigration | Tags: , , , , |

Working and living in United States as a citizen is much easier. Most people try to become citizens to obtain the benefits of being a US Citizen. An individual may become a citizen by birth in the US, or by birth to US citizen parents, or through naturalization. Many people apply for citizenship as adults. If they are foreign born nationals and wish to become citizens of United States, they must follow the naturalization process which includes taking the naturalization test and meeting other eligibility requirements. Another way is by US Citizens passing the citizenship to their children (either adopted or biological children)

Both citizens and non – citizens are given many rights by the US. However US Citizens are given the most rights.  The US Citizens are given the right to vote, bring the family members to United States, obtain citizenship for children who are born abroad, travel with a US passport, they are eligible to work in federal jobs, enjoy international recognition, protection from embassy, right to  become an elected official and show patriotism towards the country.

Eligibility Requirements

US citizenship is one of the greatest and most important thing that a child may get through his or her citizen parents. To obtain citizenship through parents, the Form N600 must be filed with USCIS. An individual must fulfill the requirements for obtaining citizenship through parents. There are two strict requirements that a person must meet in order to file form N600. First, if the child is already in the United States, they must meet the specifications of section 320 of the Immigration and Nationality Act. This includes the following requirements.

  • The child must be a minor, unmarried and under 18 years of age
  • At least one parent must be a U.S. citizen through birth or naturalization, and
  • The child must be in legal and physical custody of the U.S. citizen parent, with legitimate residence in the US.

The step children who are not adopted by the US citizen parent, and parents of such children will not be able to file form N600.  Also children who are born out of wedlock will not be considered children of that parent unless they are legitimated while in the custody of the legitimating parent before they can apply for U.S. Citizenship.

Children who are not currently in United States but are born to US citizen parents may apply for citizenship through parents by filing the form N600. They may obtain citizenship based on what is outlined in section 322 of the Immigration and Nationality Act. These children must meet almost all of the eligibility requirements as that of the children who are already in United States. The eligibility requirements in this case is detailed below.

  • At least one parent must be a U.S. citizen.
  • If deceased, the parent must have been a U.S. citizen at time of death.
  • The U.S. citizen parent must have been present in US or its outlying territories for at least five years
  • The child must be a minor and unmarried.
  • The child must be in the legal and physical custody of the U.S. citizen parents.
  • The child must have temporary or legal physical presence in the U.S. at the time of application.
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Secretary Napolitano Announces Enhancements to E-Verify

Posted on November 12, 2010. Filed under: Immigration | Tags: , , |

Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the expansion of the E-Verify program’s capabilities to include U.S. passport photo matching—further enhancing the integrity of the program by enabling E-Verify to automatically check the validity and authenticity of all U.S. passports and passport cards presented for employment verification checks.

“E-Verify is a smart, simple and effective tool that helps employers and businesses throughout the nation maintain a legal workforce,” said Secretary Napolitano. “Including U.S. passport photo matching in E-Verify will enhance our ability to detect counterfeit documents and combat fraud.”

“U.S. passport photo matching is another in the long line of enhancements we have made to improve the integrity of the E-Verify system,” said Director Mayorkas. “Adding U.S. passport photos expands our current photo matching efforts and will play a significant role in preventing and detecting the use of fraudulent documents—all part of major anti-fraud initiatives undertaken by the Department.”

Beginning today, E-Verify employers are now able to verify the identity of new employees who present a U.S passport or passport card by comparing that data with State Department records. Approximately 10 percent of all E-Verify queries currently provide a U.S. passport to establish both identity and employment authorization in order to prove employment eligibility.  Read more@ Secretary Napolitano Announces Enhancements to E-Verify

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What Is Form I-551?

Posted on November 5, 2010. Filed under: Immigration | Tags: , |

Form I-551 is the official name of the Green Card which is otherwise called as Permanent Resident Card. Form I-551 is an evidence that an individual is admitted to live in United States as a permanent resident. The Permanent Resident Card holders are granted many immigration benefits. The green card holder must maintain the permanent residence status and will be put in the removal proceedings if certain conditions of the his/her status are not met.

The Form I-551 is valid for ten years which must be renewed before it expires. If the Permanent Resident Card is valid for two years then it is called as Conditional Green card which will be obtained through marriage and it must be renewed before the card expires.

Also known as green card and alien registration card. The Green Card gives the right to an individual to live and work permanently in the United States, permits to work in any company or institution, permits to start own business or create own corporation, gives the privilege to sponsor spouse and unmarried children below 21 years to obtain Green Card, provides Social Security benefits, allows to legally own properties and vehicles, allows to leave and enter United States under certain conditions and apply to become a US citizen once the individual is eligible.

An individual may obtain the Permanent Resident Card though marriage, employment, refugee and asylum status and other various ways.

Who Is Eligible?:

Before applying for Form I-551, one must check whether he/she is eligible to apply for Permanent Resident Card. To qualify for the green card the individual must be an eligible candidate for one of the immigrant categories mentioned below, must have a qualifying immigrant petition, an immigrant visa available immediately and be admissible to the United States.

Immigrant Categories:

*Immediate relatives of a US Citizen – spouse and children of US Citizen, parents of a US Citizen (if the child is above 21 years of age), step children and step parents of US Citizen
*Family members of the US Citizen – spouse, unmarried children (if married, then must have at least one US Citizen parent), brothers or sisters of US Citizens.
*Employees and workers (who are offered jobs in US)
*Special Immigrants
*Refugees and Asylees
*Amnesty and Special Agricultural Worker Status
*Long-time residents (people who have lived in US legally for more than 10 years and request green card as a defense in immigration court proceedings)

Apart from these, the individuals may also qualify through the Diversity Visa lottery program which is administered by the US State Government every year.

Green Card Process and Procedure:

Generally, when applying for Form I-551 the individual must first determine whether he/she is eligible for permanent resident status. Then depending on the immigrant category, the individual must decide the process of the application. If the individual applies from outside United States, he/she must go through the Consular Processing which has to be done in the US Embassy or the consulate of their country. If the individual applies for Form I-551 while being in United States, then he/she must go through the procedure to adjust status to permanent residence.



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