Frequently Asked Questions

There is a range of individuals who may file Form I-485 based on several unique situations:

Based on an Immigrant Petition

If your immigrant petition is approved and a visa number is immediately available or if you are filing Form I-485 with a special Petition that would make a visa number immediately available, you may file the Form.

Based on Being the Spouse or Child at the Time Another Adjustment Applicant Files Form I-485

You may file Form I-485 with the other applicant or anytime after it is approved if you are already in the United States. If you are outside of the United States, you must file Form I-824, Application for Action on an Approved Application or Petition, with the other applicant’s Form I-485 to file the Forms together.

Based on Being the Fiancé of a U.S. Citizen

You may file if you entered the United States as the K-1 fiancé of an existing U.S. citizen and married them within 90 days of entering the country. Likewise, if you had any K-2 child(ren) entering with you, s/he/they may also file for lawful permanent residency.

Based on Asylum Status

If you were granted asylum, you may file Form I-485 after you have been physically present in the United States for 1 year. You may only do so if you still qualify as an asylee or are the spouse or child of a refugee.

Based on Cuban Citizenship or Nationality‍

There are 2 situations where Cuban nationals may apply for lawful residency. In each situation, paroled means you were allowed to enter the U.S. without a visa or for humanitarian reasons:You are a native Cuban citizen, were admitted or paroled into the United States after January 1, 1959, and have been present in the United States for at least 1 year; orYou are the spouse or unmarried child of a Cuban citizen as described above, were admitted or paroled into the U.S. after January 1, 1959, and have been present in the United States for at least 1 year.

Based on Continuous Residency in the U.S. Since Before January 1, 1972

If you’ve been living in the U.S. since before January 1, 1972, you may apply for permanent residency.

Based on a Priority Date That is Not Current But is Valid

Priority dates determine when you are able to file the final stage of the green card process with Form I-485. If your priority date is not current but is considered valid under the Child Status Protection Act or you have a Western Hemisphere Priority Date, you may still file Form I-485.

Form I-485 also allows you to apply to change the date that your permanent residence began. If you were granted lawful permanent residence in the United States before November 6, 1966, are a native or citizen of Cuba, or are the spouse or unmarried child of an individual that meets either of these scenarios, you may change the date of your permanent residence. You are given the option to change the date to either your date of arrival in the U.S. or March 2, 1964, whichever is later.

Find out if you are eligible to apply for a green card:

Last Updated: January 15, 2020.

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The J-1 visa holder must move out of the U.S. and stay in their home country for a period of two years in order to be eligible for a green card or to apply for an immigrant status. Exchange visitors who move into the U.S. on a J-1 visa can get their two years foreign residency requirement waived off. In order to get the requirement of the section 212 (e) of the Immigration and Nationality Act (INA) waived off, you must meet certain criteria.

There are five statutory bases provided by the U.S. Department of State that may be used by J-1 visa holders to waive the foreign residency requirement. They are as follows:

• No objection letter by the government of the home country: The foreign residency requirement can be waived if the home country’s government provides a “no objection certificate” stating that it does not object to the waiver of the two-year foreign residency requirement. A “no objection certificate” is not available to medical interns who received training in the U.S.
• Threat of persecution: If the alien will be subject to persecution upon return to his or her home country, the two-year foreign residency requirement can be waived. The J-1 visa holder must provide proof that he or she will be subject to persecution upon return. The threat of persecution must be on one or more of the following grounds in order to obtain the waiver:
  • Race
  • Religion
  • Political opinion
• IGA request: The J-1 visa holder can get the waiver of the two-year foreign residency requirement if the Interested Government Agency (IGA) shows interest in the J-1 visa holder’s stay in the U.S. This is possible if the J-1 holder works on a project for the agency or if the alien is working on a project that is of interest to the agency. The IGA is a U.S federal government agency. This request must be agreed upon by both the DOS and the USCIS in order to get the waiver.
• Hardship: If the two-year foreign residency requirement imposes hardship on the dependents of the J-1 visa holder or if the spouse or child is a U.S citizen, then the foreign residency requirement may be waived.
• Upon request by a Designated State Health Agency: If the J-1 visa holder is a medical practitioner working as a full-time doctor in a hospital, he or she is then eligible for the two-year foreign residency requirement. This can be completed upon the request by the Designated State Health Agency. The person will qualify for the waiver if he accepts work for 40 hours per week, for a period of 3 years. The person must also begin work within 90 days after the approval of the waiver.

Upon a recommendation from the DOS, the USCIS can waive the requirement. Obtaining a recommendation from the DOS involves a four-step process.

• A data sheet must be submitted to the DOS waiver review division. Two stamped, self-addressed envelopes and the appropriate fee have to be submitted along with the data sheet.
• The DOS then sends the case number and the instruction sheet, depending on the type of waiver indicated on the data sheet.
• Form I-612 must be filed with the USCIS for persecution and hardship waivers. If granted by the U.S., the information is then transmitted to the DOS. For other categories, the application must be sent to the agency or the foreign government.
• The application will be reviewed by DOS and the recommendation will be forwarded to the USCIS. A copy of the recommendation will be sent to the applicant and the J-1 sponsor. The USCIS grants the persecution or hardship waiver and forwards it to the DOS. The waiver review division of the DOS reviews the program, foreign relation aspects, and the policies of the case.

Contact our office today to speak with a lawyer to learn more about your options and to begin the visa application process.

Help! I lost my Green Card! As a permanent resident of the United States, your green card is an essential that you must carry with you everywhere. After all, this is evidence of your status as a permanent resident as well as proof that you’re living and working in the United States legally.

This means that when your Green Card is missing, stolen, or lost; the first step is usually panic. But you shouldn’t panic. Instead, you should follow the series of steps necessary to replace your card as quickly as possible.

Not sure how to file for and receive your replacement green card? Not a problem because below you will find everything you need to understand and follow the replacement process to get your green card back.

The Green Card Replacement Process:

4 Steps You Need to Take

Before you begin the replacement process, it’s important to search everywhere imaginable for your green card. After all, the process is neither free nor quick. This means that if you could spend just an hour or two searching for it, you should.

If you can’t find it, it’s best to begin this process as quickly as possible. Doing so will ensure that you receive your new green card and are able to carry it once again for proof of your legal residency and work status.

Step 1: File a Police Report

Prior to actually beginning the replacement process, it’s important to report that you lost your green card. Doing so will ensure that no other individual will be able to use the card for illegal purposes and means you won’t be responsible for anyone who tries to.

You should visit your local police station, or call over the phone if you prefer, to file a police report with your local police department. Many police departments will require you to provide copies of the missing documents along with other supporting documents containing additional information of your green card.

Some choose to skip this step, but you shouldn’t. In fact, a police report is often required as you complete the process to replace your green card. As such, it’s vital to take just an hour to file your own police report.

Step 2: Collect Supporting Documentation

As you prepare to apply for your new green card, it’s important to collect supporting documentation. This documentation will be necessary at different points of the application process, so gathering it early will only make it simpler as you move forward.

A few examples of documentation you should put together include:

• A written account of how your green card was lost or stolen;
• Copies of your green card or copies of your driver’s license, passport, or birth certificate;
• Two passport-sized photos, each with your alien number written on the back;
• Copies of your approved application letter; and
• Copies of other forms of legal identification that you use.

By doing this early in the process, you won’t have to waste time later on compiling the documents you need. This can make the process much quicker (not to mention easier for you).

Step 3: Contact the U.S. Embassy, Consulate, or USCIS Office Where You First Applied for Your Green Card

While it’s essential to notify your local police of your missing green card, it’s also important to notify the embassy, consulate, or USCIS office where you first applied for your green card and/or received your immigration visa.

Once you’ve contacted the office, you will need to provide specific information regarding where you applied or the approval of your Form I-90 application.

If you’re outside of the United States when you lose your green card, you should immediately contact the U.S. embassy, consulate, or USCIS office in your area. This will streamline the entire process and provide the same protective measures as notifying your local police if you’re in the U.S. when you lose your green card.

Step 4: Applying to Replace Your Permanent Resident Card

Once your police report is filed, you’ve prepared all necessary documents, and notified the embassy, consulate, or USCIS office you’re finally ready to take the most important step: Actually replacing your green card!

You will replace your green card with Form I-90, Application to Replace Permanent Resident Card. As a legal permanent resident, there are only two parts of the form you must fill out, each with multiple sections:

Part 1:

Information About You – The first few sections require personal information such as your alien registration number, name, address, gender, date and place of birth, and information about your mother and father.

Part 2:

Type of Application – You will select why you’re applying and indicate that your card is lost, stolen, or destroyed, issued but never received, or mutilated (i.e. partially destroyed).

For most applicants, the form costs $365 to file. This doesn’t include the necessary biometric service fee of $85 so you will pay $450 in total to replace your green card. The biometric service fee is required when you appear in person to provide your fingerprints, photograph, and/or signature to confirm your identity. During this interview, you may also be asked questions about your criminal records or other identification-related matters. The interview is scheduled once your application has been received at a designated USCIS Application Support Center (ASC) in your area.

Processing Your Application: What to Expect

Once you’ve submitted your application, the appropriate authorities will review your request. During this review process, you may be contacted to provide additional information – such as biometrics, an additional interview, or original documents of copies you’ve provided – for approval.

Once your application has been approved, you will receive your new green card in the mail. If for any reason your application is denied, you will receive the reason for denial in the mail.

Should your application be denied, you cannot take steps to appeal the decision. Your only option is to submit a motion to reopen the application to have your case reconsidered.

If you choose to submit a motion, you must do so and establish that the decision to deny your application was due to the incorrect application of law or immigration policy. Further, you must establish what new facts (i.e. information) you would provide if your case is reopened and what document-based evidence you can offer to support your motion.

Appeals and motions can be a confusing topic, especially because many individuals have never dealt with legal documents like these before. To learn more about both, visit the U.S. Citizenship and Immigration Services website for their “Questions and Answers” section on Appeals and Motions.

At SimpleCitizen, We Believe Immigration-Related Issues Should be Simple

The team at SimpleCitizen strongly believes that the immigration process should be simple for all individuals. As such, we hope that you’ve found this article helpful regarding what to do should you lose your green card or if it is stolen.

If you have any questions, please reach out to a member of our team for the assistance you need. We look forward to supporting you with the information and other resources you require for all of your immigration needs!

Want to Learn More?

Are you looking to learn more about your options or steps to take when you lose your green card? Check out the helpful links below to learn more:

U.S. Citizenship and Immigration Services: Questions and Answers on Appeals and Motions

Form I-90, Application to Replace Permanent Resident Card

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Last Updated: October 19, 2021.

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A green card comes with several distinct benefits and rights as you settle into the United States as your long-term home. After all, your permanent legal resident status allows you to live and work in the US, not to mention enjoy full protection under the laws of the nation.

But while these benefits are clear, something that remains unclear to many is whether or not you can travel with a green card and if so, what kinds of green card rules and limitations apply to travel. And if you’ve been wondering the same thing, you’ve landed on the right article.

At SimpleCitizen, our mission is to simplify every aspect of the green card process, including how to use your green card once you have it. In this article, we’ll discuss traveling outside the US with a green card, the documentation you will need, and how traveling abroad will affect your chances at naturalization. Let’s get started!

Can I Travel With a Green Card?

Of course you can! However, traveling with a green card requires certain documents and steps you must take to ensure you can return once your travels are complete.

There are two primary documents you will need to travel abroad:

1. Your Green Card and;

2. A passport from your country of citizenship or your refugee travel document permitting travel to the foreign country. Sometimes, countries require visas and as such, you must have this in hand as well for entry/exit purposes.

When you’re ready to return to the United States, you only need to present your valid green card, Form I-551, at the port of entry. Sometimes, officials will request to see your passport or other identifying documentation to grant you reentry into the country.

3. With COVID-19 still in full swing certain countries may have travel restrictions and COVID-19 vaccination requirements or require a negative COVID-19 test result. Be sure that you check the travel rules as you plan your trips to ensure you don't run into any issues getting in or out of the country.

What Steps Do I Need to Take Before Traveling?

If you’re planning on traveling abroad for less than one year, there are no additional steps you must take in preparation for your trip. In fact, all you need are the documents mentioned above to ensure you can leave and return to the US.

If you’re planning on traveling for more than one year, there are additional steps you must take before leaving the country. This is because you must demonstrate that you aren’t abandoning your permanent resident status and are planning to return to reside in the United States once again.

For Trips More Than One Year in Length

Should your trip be more than one year, it’s beneficial to file Form I-131, Application for Travel Document, prior to leaving. This Form allows a permanent resident to apply for a Reentry Permit for admission to the United States after returning from abroad. Doing so eliminates the need for a returning resident visa from a U.S. embassy or consulate and clarifies your intention to return to America after your travels.

Obtaining a Reentry Permit costs $360 plus a biometrics service fee of $85 if you are between the ages of 14 and 79, making the total fee $445. Please note that the Reentry Permit doesn’t guarantee your admittance to the country. While it will help, officials will also consider factors such as:

• Have you maintained family and community ties in the U.S. while abroad?
• Have you filed your U.S. income taxes as a resident?
• Have you maintained a U.S. mailing address?
• Do you have a valid driver’s license in the U.S.?
• Do you own property or run your own business in the U.S.?
• Have you applied for U.S. Citizenship?

Questions like these directly affect your chances of being allowed back into the country after a year abroad. Immigration officials are simply looking to see whether or not you still have the intention of living in the United States permanently.

For Trips More Than Two Years in Length

If you’re planning on remaining outside of the United States for more than two years, a Reentry Permit granted before your departure will no longer be valid when you return (these Permits are only valid for two years). As such, you should apply for a Returning Resident Visa, SB-1, at a U.S. Embassy or Consulate.

You should apply for this Visa at least three months in advance of your travel (or as soon as possible) to ensure it can be processed in time. To apply for the Visa, you will need:

• A completed Form DS-117, Application to Determine Returning Resident Status;
• Form I-551, Your Permanent Resident Card (green card);
• Your Reentry Permit (if you have obtained one);
• Dates of travel outside the US (airline tickets, passport stamps, etc.);
• Proof of ties to the United States (like those indicated in the section above); and
• Proof that your stay outside of the United States is for reasons beyond your control (medical reasons, employment with a U.S. company, etc.).

Obtaining this Visa will ensure that you can return to the United States after an extended stay abroad. While it is optional, you should consider it a necessity if you’re going to travel for more than two years.

Please note that there are exceptions for Visas and other documentation needs if you’re moving abroad with a spouse for a government job or military involvement.

Does Traveling Affect the Naturalization Process?

If you’re going to be outside of the United States for more than six months, you may affect requirements necessary for naturalization. In fact, there are green card rules for travel abroad. For example, you may not be allowed to travel abroad if you haven’t been physically present in the country for at least 30 months out of the previous five years. This is an example of continuous residency requirements.

Should you not meet requirements like this, you may still be eligible for naturalization. You will need to take additional steps to prove that abandonment wasn’t an abandonment of your resident status to ensure you can remain on the path to citizenship.

If your trip must be more than six months, you may choose to file Form N-470, Application to Preserve Residence for Naturalization Purposes. This is only available to legal permanent residents looking to leave the United States for employment purposes. The Form costs $330 to file. If you’re unable to pay this fee, you may submit Form I-912 with your application for a fee waiver request.

Simplify Your Travel Abroad With SimpleCitizen

The team at SimpleCitizen believes that your experience living in the United States shouldn’t be complicated. Likewise, you should be able to travel abroad while retaining your legal permanent status. For that reason, we hope you find this article helpful with the information you need to travel with peace of mind.

Want to Learn More About Traveling Abroad?

If you’re looking to learn more about international travel with a green card, check out the links below!

USCIS: International Travel as a Permanent Resident

USCIS: Maintaining Permanent Residency

Form I-131, Application for Travel Document

Form N-470, Application to Preserve Residence for Naturalization Purposes

There is a difference between U.S. Citizens and lawful permanent residents (meaning residents with green cards) when it comes to who you may file Form I-130 for. If you are a United States citizen you may file Form I-130 for numerous relatives, including

•  Your spouse
•  Your unmarried child under age 21
•  Your unmarried son or daughter age 21 or older
•  Your married son or daughter of any age
•  Your brother(s) or sister(s) if you are 21 or older; and
•  Your mother or father if you are 21 or older.

However, if you’re a lawful permanent resident you may only file the Form for:

•  Your spouse
•  Your unmarried child under age 21; and
•  Your unmarried son or daughter age 21 or older.

If you want to file for more than one relative, you must complete a separate Form I-130 for each individual. There is no limit to the number of forms you can submit as long as each relative fits into the categories listed under “citizen” or “lawful permanent resident” above.