Permanent Residence

Now that the petition is approved, you need permission to live and work permanently in the United States. Your eligibility has been confirmed. Are you admissible? Admissibility is achieved through another process. You must be found that you are admissible to receive your permanent residence status. If not your file can be denied at the last minute. We will discuss admissibility in another article. Let's , now, look at your options after you receive the approval letter for your petition.

If you are not abroad and already lawfully admitted in the U.S., and not out of status (such as Expired I-94, or over stay...) when the petition is approved and you are eligible to apply for permanent residence, you would file Form I-485, Application to Register Permanent Residence or Adjust Status to initiate the process of obtaining your status and be registered as Permanent Residents. Note that the word permanent is "tweaky" because each Card has an expiration date. Usually the card expires within 10 years.

If the petition was filed abroad and you are still abroad, not inside the U.S., if the petition is approved, you will receive an approval notice with instructions for your options. At this point your approved petition will be sent to the American Consulate nearest you. Unless you had advised or any change of your address while the petition was in process, the approved petition will be sent to the embassy or consulate of you initial address. That embassy or consulate will send you first a notice if they are ready to process your case and what would be the next step and what you would need to prepare including any consular fees. Subsequently, all information on the next step of the process, which is to obtain an immigrant visa number. The office of National visa Center, usually takes care of your case right after the approval. NVC is the office that does the accounting of the availability of Immigrant visas and distribute them as they become available according to the preference system in place. If a visa number is available, at the time of your interview one will be issued to you providing your interview is successful, you will be given a packet of documentation authorizing airlines carrier to accept you on board. When landed in any U.S. territory, an immigration officer will welcome you and stamped your

passport, giving you your new lawful status. Few weeks later, evidence that you are granted conditional permanent residence in the U.S. will be mailed to your address in the U.S. You may receive by then your card of social security or instructions how to obtain one. A violation of any terms of your new status or any criminal law is enough for your status to be revoked and prompt your removal proceeding in a court of law. If you feel this visa is for you, Start the assessing process to rush your petition. We may be able to help you in the completion of your forms. However, bear in mind this is a complex process. Some applicant may need the service of an Attorney. We are not lawyers and we are not authorized to provide legal advice. This is our general opinion and our source is the written material as published by the USCIS. Good luck.

If you received conditional permanent residence because your petition was filed outside the U.S., you will need to apply to remove those conditions. Conditional permanent residence is valid for two years after approval. To remain in the U.S., you need to file an application prior to the expiration date of your card, to remove the conditions on your residency status. By regulations, within 90 days of the second anniversary of the date stamped on your Permanent Residence Card, you would file Form I-829, Petition by Entrepreneur to Remove Conditions. It is important you remember that if you plan to do it with no help of an attorney or an experienced person. There exist a similar conditional residency status for immigrants who have obtained their Green Card through a member of their family, such spouses, or in-laws. Be alerted that this form I-829 is different from the standard Form I-751, Petition to Remove Conditions on Permanent Residence. Form I-829 is specific to immigrant investors and you will be required to show evidence of your commercial enterprise. The form I-751 is intended for family.

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