Archive for June, 2011
Why Should a Lawful Permanent Resident File Form I-90?
Green card holders can apply for a Green Card renewal by filing Form I-90, Application to Replace Permanent Resident Card, so as to keep their Green Card updated. Form I-90 must also be filed with the USCIS in order to request for a replacement of a Green Card.
Things to be noted while completing Form I-90
Under the section for entering the applicant’s name, the name entered should match exactly with the name listed on the Green Card, unless otherwise the Green Card contains an error or if there has been a formal name change of the applicant. In case of the applicant not receiving the green card, then it should match exactly with what is listed on the alternative identity proof that is submitted along with Form I90.
A# refers to the applicant’s Alien Registration number that is printed on his/her Green card.
Information in response to the following questions should be in the mentioned format.
- City of Residence where the applicant applied for an Green Card or Adjustment of Status refers to the city where the applicant was residing when he/she filed an Immigrant Visa or Adjustment of Status petition.
- Consulate where the Immigrant Visa was issued or the USCIS office where status was adjusted refers to the U.S. consulate where the applicant’s Immigrant Visa was issued or the USCIS Service Center which approved the applicant’s Adjustment of Status petition.
- To the question on the Date of Admission as an Immigrant or Adjustment of Status, the date on which the applicant entered the U.S. on an Immigrant Visa or the date on which the applicant’s Adjustment of Status application was approved by the USCIS
- To the question on the Destination in U.S. at time of admission, the applicant should enter the city and state where he/she was planning to go after arriving in the U.S. In case the applicant falls under the Adjustment of Status criteria, then he/she must write Not Applicable.
- To the question on Port of entry where admitted to U.S, the applicant should indicate the city and state through which the applicant gained entry into the U.S. This information is stamped on the passport of the applicant. Applicants falling under the Adjustment of Status criteria should indicate that they are Not Applicable.
- To the question, “Are you in removal/deportation or rescission proceedings?” the applicant should check the appropriate box and, if applicable, provide a detailed explanation on a separate sheet of paper. A Permanent Resident who is in the process of removal proceedings has a right to get a proof of a permanent resident until the final order of removal is issued. Temporary proof can be issued to cover the removal proceedings of the applicant.
- To the question, “Since you were granted permanent residence, have you ever filed Form I-407?”, the applicant should check the appropriate box and submit a detailed explanation on a separate sheet of paper. Generally, Form I-90 will be rejected if the applicant’s answer is “Yes”, unless otherwise there is proof that they did not abandon their status of a permanent resident. Under such circumstances, the applicant should seek the assistance of an immigration attorney.
Finally, the applicant must sign and date the Form I-90.
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United States is one of the few countries in the world where the opportunities for jobs and education have been always present for people the world over. It has been the center of attraction for people of all professions, looking for a brighter future and better opportunities. United States, no doubt, has made immense progress in the fields of medicine, education, technology and business support sector. For this purpose, people from different countries prefer migrating to US.
The US, like other countries has various rules and regulations pertaining to immigration, which are the basic guideline to be followed in order to complete the process of immigration with all legalities being followed.
Being a country with one of the largest immigrant population, US immigration authorities consider it more important to keep a record of all foreigners entering through the immigration process. For this reason, they have devised a law, which requires all immigrants to report their current address to the US Citizenship and Immigration Services (USCIS).
In order to renew and replace a Green Card same application form needs to be filed. It is the prime responsibility of every Lawful Permanent Resident to make sure that he or she possesses a valid Green Card. Green Cards that have been issued between 1979 and 1989 do not have expiration dates. All Green Cards issued after 1989 are valid only for ten years.
Note: Previous versions of the Green Card had no expiration date. People who are in possession of these cards should go in for Green Card renewal so that it is valid for ten years.
Applications for Green Card renewal needs to be filed as much as 6 months prior to the expiration of the card. Applications filed earlier than the 6 months will be rejected. Applications that are received after the expiration of the Green Card will not come under any penalization Green Card renewal allows a lawful permanent resident to maintain current documentation of his/her valid status.
There are instances wherein some Green Card applicants are granted permanent residency only on a conditional basis. Such types of cards are known as Conditional Green Cards. They are issued to applicants who have applied for the status of a permanent residence purely based on marriage to a person who is already a US citizen or through entrepreneurial investment. They are valid for 2 years only. Conditional residents enjoy the right to be a US resident for a temporary period of time only.
There have been numerous fraudulent cases wherein some people marry a US citizen or make a fake business investment in the US solely for the purpose of getting a Green Card. After the 2 year conditional period of residency, conditional residents must be able to demonstrate with sufficient proof that their marriage or business investment remains valid even after the 2 years. This process is termed as removing the conditions on residence.
Once the conditions on residence are removed, the applicant is issued a permanent resident card that is valid for 10 years. The permanent resident status does not expire, but the card does and it has to be renewed every 10 years to keep it current and valid.
Can Conditional Green Cards be Renewed?
Like Green Card renewal, there is nothing like renewal of conditional Green Cards. Unless a person has applied to remove the residency conditions on the card, the status of that conditional resident also expires. An application to remove the conditions on residency should be filed within the 90 days before the expiration of conditional Green Card. If the card is already past the expiration date, then an application should be filed immediately to remove the conditions. An explanation indicating the reasons for the delayed filing should also be included. Detailed instructions regarding the procedure to remove conditions on conditional residency can be found at http://www.immigrationdirect.com/greencard/Form-I-751-Remove-Conditions-Residence-Greencard.jsp
Note: Conditional residents do not have any means to renew their Green Card like the Green card renewal process for permanent residents. They can only file an application to remove the conditions on their card. Failing to apply for removing the conditions on residency will lead to the termination of the legal status of a conditional resident.
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The US Supreme Court voided a lower court ruling that blocked a Hazleton, Pennsylvania, city ordinance that would have penalized both the landlords who knowingly rent to illegal immigrants and the employers who hire them.
The 2006 city ordinance was quickly challenged and blocked by a federal district court, a ruling that was then affirmed by the US Court of Appeals in 2010. The appeals court said the law was unconstitutional because it overstepped on federal jurisdiction to regulate immigration.
However, lawyers for the city argued that the city regulations would not impede federal law, saying the city made every effort to avoid a conflict.
“Hazleton’s ordinances match the terms and classifications of federal immigration ins law and require officials to defer to federal determinations of aliens’ immigration statuses,” Kris Kobach of the Immigration Reform Law Institute told the court, according to Fox News.
The case was sent back to the Third Circuit court for further review.
States across the nation have been proposing immigration reform bills this year. The Alabama legislature recently passed an extensive bill that, similar to Hazleton, would penalize landlords who rent to illegal aliens as well as employers.
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A Texas pastor convicted of making counterfeit green card has been sentenced to a year in prison and may face deportation, according to he San Antonio Express-News.
Felipe DeJesus Coronel Pacheco, a pastor with the Ministerios Epicentro Donde Nace La Bendicion in Austin, and an accomplice, Luis Angel Tovar Cisneros, were arrested in December by US Immigration and Customs Enforcement agents. The news report said both men were born in Mexico.
Over five months, undercover ICE agents ordered fake green cards and social security cards for $160 a set. When authorities searched the men’s home, the newspaper said they found faux green cards, laminating pouches, a laminator, computers and printers.
Coronel and Cisneros both pleaded guilty to conspiracy to manufacture counterfeit permanent-resident cards, reported the source.
Those who want to legally apply for a green card will need to complete an immigrant petition. Afterwards, the US Citizenship and Immigration Services website says applicants will be given a priority date, after which they will be in line for a visa.
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he US Department of State is warning potential immigrants about an uptick in the fake letters and fraudulent emails sent to people who have applied for the Diversity Immigrant Visa (DV) program, which is sometimes referred to as a “green card lottery.”
The Visa Lottery program is conducted each year by the state department with 50,000 prospective immigrants being awarded immigration applications. The winners are eligible to apply for a US visa and visit America.
The US Department of State is warning potential immigrants about an uptick in the fake letters and fraudulent emails sent to people who have applied for the Diversity Immigrant Visa (DV) program, which is sometimes referred to as a “green card lottery.”
According to the Federal Trade Commission, often times the scam involves an unscrupulous individual asking for a fee to either enter the visa lottery or increase the chance of winning it. However, the FTC says that there is no entry to enter the lottery and winners are selected at random.
The State Department says that there are a number of ways to recognize fraudulent emails and websites.
Three Virginia residents have been arrested after authorities discovered they scammed illegal immigrants by claiming they could provide fraudulent immigration documents.
The Leesburg Police Department’s Emergency Response Team obtained search warrants for two residences on the 0-100 block of Heritage Way, according to Leesburg Patch. Authorities discovered that Tomasa Solis, 51, Yesica Carolina Reyes-Moran, 21, and Julio Cesar Guzman, 24, were involved in a scheme where they allegedly told members of the Latino community that they could provide immigration documents for cash.
All three were charged with obtaining money by false pretenses. Solis was held on a $2,500 secure bond while Guzman was held without bail. Reyes-Moran was released on a personal recognizance bond.
Immigrants who are seeking permanent residence or citizenship should be cautious about who they trust and the paperwork they submit. In January, a US court shut down an online operation that reportedly posed as a US government website for immigration services, according to the news website NetworkWorld. The fake site charged fees between $200 and $2,500 for supposed immigration processing fees and services.Read Full Post | Make a Comment ( None so far )