Initiating the green card application process may seem relatively straightforward, but there can be an assortment of perplexing issues that can jeopardize the outcome. Each of the forms has words that are based on years of immigration cases or immigration statutes. The words plain meaning can be different from the meaning under immigration law. In some instances, the instructions published by USCIS do not cover all the requirements or factors that an immigration officer will evaluate in his or her decision.
On the other hand, green card holders that believe they can permanently reside here with lawful permanent residency status may find themselves in removal proceedings dependent on whether the alien has violated legal rules.
The decision to make the United States one’s home can be a momentous decision. Applicants must ensure that every aspect of the process is followed accordingly and to the book. Unforeseen contingencies may create discord throughout the process which is why having a skilled Oak Brook green card lawyer who can help you understand immigration law and whether there are legal options available may be beneficial. En Español.
Common Issues Green Card Holders Face in Oak Brook
Securing a green card grants an individual permanent residency in the United States. There are numerous ways to obtain a green card, which include:
- Sponsorship by a family member
- Sponsorship by a spouse
- Sponsorship by an employer
When the time comes to secure a green card or go through the naturalization process, there are a plethora of issues that a person can face. Neglecting these issues can create substantial delays and extra costs that can be extremely challenging to overcome. During the green card application process, some of the various issues that can threaten the process and warrant the attention of an Oak Brook green card representative include:
- Failure to advise immigration authorities in writing of a change of address within the past ten years
- Conviction of neglect, child abuse, or violence
- Criminal convictions
- Multiple illegal entries into the United States
- Accused of marriage fraud
- Smuggling other aliens into the United States
- Abandoning residency
- Applicant was inadmissible at the time of entry into the United States
- Falling out of non-immigrant status
The Issue of Abandonment
One circulating issue many applicants face is abandonment, which, if found, can lead to the loss of permanent lawful residency status. The abandonment of a green card may arise when someone attempts to enter the U.S. after residing outside of the country for more than six months since becoming a permanent resident.
According to the U.S. Customs and Border Protection, permanent residents who have resided outside the U.S. for longer than 180 days may find themselves at risk of getting their green cards confiscated at a point of entry. They may also receive a notice to appear for a hearing on the issues of the abandonment, which may also result in the confiscation of a green card.
If an officer attempts to lure an individual into signing an I-407 form, which declares abandonment of legal permanent residency status, it essentially means they are voluntarily giving up permanent status. A representative in Oak Brook who has experience with Green Cards may help a person understand these legal proceedings and their potential results.
It is up to the resident to show that during the prolonged period of absence there were continuous ties with the United States. For instance, if the individual owns property in the United States, is currently employed in the U.S., or has no intent of making another country a permanent residence, this documented evidence may prove substantial in the fight for continued residency.
Consult with an Experienced Oak Brook Green Card Attorney Today
Removal proceedings can be a terrifying experience, especially when you are entitled to maintain permanent residency status. As a result, understanding how to comprehensively address the concerns of these cases is important.
A skilled Oak Brook green card lawyer could help fight for your constitutional rights. To learn more, contact an attorney today to set up a consultation.