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New York "Green Card" Lawyers
A “Green Card” can mean a remarkable amount to a person, their family, and the community that depends upon them. By becoming a Legal Permanent Resident and obtaining a “Green Card”, you will be able to lawfully obtain employment and work with your loved ones toward a shared future in the United States.
Obtaining, a “Green Card” is the first step on the path to filing for naturalization and obtaining U.S. citizenship.
Renewal of your “Green Card” via form I-90, and Removal of Conditions via form I-751, are crucial steps in the process for maintaining your Legal Permanent Resident (LPR) status.
Call Mazzei & Polk, LLC at (516) 461-3148 today to schedule a consultation with our New York "green card" attorneys.
Renewals & Removal of Conditions in Nassau County
Renewing a “Green Card” and Removing Conditions are two distinct processes that depend on your residency status. For permanent residents with a 10-year “Green Card”, renewal involves filing form I-90 before the card’s expiration date. However, conditional residents who have received a two-year “Green Card” through marriage must file form I-751, known as the "Petition to Remove Conditions on Residence." If the application is approved, this will result in a 10-year “Green Card”. Unlike regular renewals, this process aims to prove the validity of your status, such as a bona fide marriage in cases of family-based conditions.
Form I-751 must be filed within 90 days before your conditional residence expires. The application requires detailed documentation to support your case, including evidence of a genuine and “bona fide” marital relationship, such as joint financial documents, lease agreements, or proof of shared responsibilities. If applicable, affidavits from family or friends, photographs, and other materials showcasing your relationship history may be valuable. Filing this petition on time is critical, and failure to do so could result in the termination of your Legal Permanent Resident (LPR) status and lead to deportation proceedings.
Any errors or missing details could delay processing your application or result in denial. Our attorneys will meticulously and accurately fill out your application while adhering to the current USCIS guidelines and requirements.
Because of the length of time it has been taking for USCIS to adjudicate these applications, "Green Cards" have been expiring while the petition is pending. In order to combat this issue, USCIS now issues a receipt notice for form I-751 which automatically extends your conditional resident status for 48 months while the application is under review. It is important to keep the original notice and your expired Green Card to prove your status.
Another consequence of the USCIS delay in processing the I-751 applications is the timing of your naturalization application. There are options in this circumstance, and a consultation with an experienced immigration attorney is advised.
By staying attentive to USCIS timelines and correspondence, our lawyers will help you avoid unnecessary challenges and secure long-term residency.
Why choose Mazzei & Polk, LLC?
Trust, Communication, Results
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Proactive Guidance
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Personalized Approach
Every client’s situation is unique. We take the time to understand your story and tailor our strategies to meet your specific needs.
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Clear Communication
We prioritize keeping you informed at every stage of your case, answering your questions promptly and ensuring you feel confident in the process.
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Trustworthy Advocacy
Your concerns are our concerns. We work diligently to protect your rights and pursue the best possible outcomes for your case.
Affidavit of Support: Form: I-864
To apply for a "Green Card", you must be eligible. "Green Card" applicants must have a sponsor who is a U.S. citizen or a "Green Card" holder themselves, and the sponsor must currently reside in the United States and have the requisite relationship to the potential applicant. Not every U.S. citizen is eligible to sponsor every immigrant. For more information on eligibility, please click here.
In addition to the requisite relationship, the sponsor must have both the willingness and ability to assume financial responsibility for the "Green Card" applicant at 125% of the poverty guidelines listed on form I-864p for the current year according to your household size. In instances where the sponsor cannot show the financial ability for sponsorship, then a joint sponsor will be required. The joint sponsor does not need to have any particular relationship to the applicant but must be willing to enter into a contract with the United States Government.
The signing of form I-864 creates a legally enforceable contract between the sponsor (or joint sponsor) and the United States Government. If the applicant requires government assistance after obtaining their "Green Card", the sponsor could be obliged to reimburse the relevant public agency, and the "Green Card" holder could even sue the sponsor/joint sponsor for enforcement of this contract. Divorce does not negate this contract. There are only four circumstances in which this contract ends:
- The "Green Card" holder naturalizes to become a U.S. citizen;
- The "Green Card" holder surrenders their "Green Card" and terminates their lawful permanent resident status;
- Forty (40) working quarters credited by the Social Security Administration, usually ten years, have passed;
- The "Green Card" holder is deceased.
Obtaining a "Green Card" for Your Parents
To initiate the process of securing permanent residency for parents, an individual must be a United States Citizen, and a minimum of 21 years old. In this circumstance, parents are in the immediate relative category. This category receives priority over all other categories of family immigration, and there is no yearly limit to the number of visas that can be issued under this category. Click here to learn more about the immediate relative immigration process.
Obtaining a "Green Card" for Your Child
Under immigration law, “Child” means unmarried and under 21 years old. All others are considered sons and daughters, with their own definition. Eligibility in this category depends upon many factors, such as the age of the child/son/daughter, whether the sponsor is a U.S. citizen or legal permanent resident, whether the child/son/daughter is married, and whether the relationship is that of mother-child/son/daughter, father-child/son/daughter, or even natural parent/stepparent.
To determine not only eligibility but also the category of eligibility and potential wait times, a thorough and detailed analysis of your specific situation is necessary. Click here to learn more about the family immigration process.
