Lawful Permanent Residence (LPR) or “Green Card”
Lawyers who help bring family members to the United States
An “immigrant” is any person who is not a citizen of the United States and is residing in the United States under legally recognized and lawfully recorded permanent residence. This is also referred to as “Permanent Resident Alien,” “Resident Alien Permit Holder,” and “Green Card Holder.”
To be eligible to apply for an immigrant visa, a foreign citizen generally must be sponsored by a United States citizen or LPR relative or by a prospective employer.
Family Based Green Cards
The immigration lawyers at Hurr Law Office PC help U.S. residents bring their relatives to join them in the United States. The firm directly works with individuals who wish to be joined by their loved ones, as well as businesses that seek to help their employees bring their families to the United States. There are numerous methods of obtaining a family-based Green Card, and the firm’s attorneys help you choose the most practical approach.
Step 1. Confirming the sponsor’s documentation
Our Fort Worth immigration lawyers first ensures that the U.S. resident is properly qualified to sponsor a relative for a family-based Green Card. We confirm the sponsor:
- Is a citizen or lawful permanent resident over the age of 21
- Has documentation of citizenship or resident status
- Can provide proof of the ability to support the relative at 125 percent above the mandated poverty line
Step 2. Applying for a family-based Green Card
The Immigration and Nationality Act allows family-based Green Cards to be issued to immediate relatives of U. S. citizens as soon as the application is approved. An immediate relative is a:
- Unmarried child under the age of 21
If the sponsor is not a U.S. Citizen or the applicant does not fit one of the above categories, a family-based Green Card may be issued according to a preference system:
- First preference (F1) – Unmarried adult sons and daughters of United States citizens
- Second preference (F2) – Spouses, children and unmarried sons and daughters of permanent residents
- Third preference (F3) – Married sons and daughters of United States citizens
- Fourth preference (F4) – Brothers and sisters of Adult United States citizens
Violence Against Woman’s Act (VOWA) for Battered Spouses, Children & Parents
As a battered spouse, child or parent, you may file an immigrant visa petition under VAWA.
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. The VAWA provisions, which apply equally to women and men, are permanent and do not require congressional reauthorization.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental health care, and other types of assistance, including information about filing for immigration status.
Those Eligible to File
- Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
- Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen
son or daughter.
- Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.
Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Secretary of Homeland Security announced that individuals, between ages 15 and 30, who meet certain requirements, would be allowed the opportunity to request consideration of deferred action for a period of two years, and would then be eligible to work. Although this does not convey any lawful status, it does allow individuals to seek authorization to legally work in the United States, apply for a social security number, and obtain a driver’s license. This temporary, discretionary relief, also provides an individual to stop accruing illegal presence, this being important to children who are about to or have just turned 18 years old. This policy, administered by President Obama, is not law, but, it is an executive order in place as long as the President extends the order.
- Under 31 years old on 06/15/12
- Be at least 15 years old
- Can be under 15 years old, only if in, or have been in Removal Proceedings
- Entered the U.S. before age 16
- Present in U.S. on 06/15/12
- Physically present in U.S. since 06/15/07
- No Deportations, Voluntary Returns/Departures since 06/15/07
- Brief and casual absences are permitted
- High School Diploma or GED
- Currently enrolled in School or an Education Program towards a GED
- Honorably Discharged Veteran
- No felonies
- No Significant Misdemeanors
- No more than three misdemeanors
- No threat to national security or public safety
Employment Based Green Cards
An employer can seek legal permanent residency (green card) for their employees. The road to a green card through an employer is generally a three step process. First, is the labor certification utilizing the PERM process followed by the I-140 Visa Petition. Lastly, the adjustment of status is completed.
When your company wants to hire foreign workers to permanently work in the United States, you can file for permanent employment certification on their behalf under the PERM program. You must be familiar with three important steps in offering this benefit to any valuable employee or potential employee.
- Labor certification
- Visa petition
- Adjustment of status or consulate processing
The firm recognizes the significance of your choice to bringing employees to this country on a permanent basis. Our attorneys help you gather the extensive documentation required to achieve this important business goal.
Employment-based Greencards are broken down into five categories: