criminal defense

IMMIGRATION

 

IMMIGRATION

Replace or Renew Green Cards

Lawful permanent residents and permanent residents in commuter status can apply for replacement or renewal of existing Permanent Resident Cards. Conditional permanent residents may also use this application to apply for replacement of an existing Permanent Resident Card. Conditional permanent residents may not use this application to replace, for any reason, an existing Permanent Resident Card that is expired or will expire within 90 days.

Apply for Green Card/Adjust Status

The Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. The common term for a change to permanent status is “adjustment of status.”

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

Consular processing is an alternate process for an individual outside the United States (or who is in the United States but is ineligible to adjust status) to obtain a visa abroad and enter the United States as a permanent resident) This pathway is referred to as “consular processing."

Relative Petitions

As a permanent resident of the United States, you may help a relative become a lawful permanent resident based on your status. To do so, you will need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. A permanent resident of the United States can file a petition for their husband or wife or unmarried child(ren), regardless of age. You may apply for other relatives as well, but the process is much longer.

Apply for Citizenship

Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. However, generally, an applicant for naturalization must: be 18 years old or older at the time of filing, be a lawful permanent resident (have a “green card”), demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen.), show that you meet specific residency and presence requirement.

Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship.

Remove Conditions

Permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must show that you are still married to the same U.S. citizen or permanent resident after 2 years. You must also show that you entered into the marriage in good faith, but the marriage ended through death, divorce or annulment; or you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

Work Authorizations

Employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a U.S. citizen or a permanent resident, you may fall into one of three categories of persons who are eligible for employment authorization.

  • Category 1: You may have authorization to work in the United States as a result of your nonimmigrant status;
  • Category 2: You may have authorization to work for a specific employer as a result of your nonimmigrant status; or
  • Category 3: You may be in a category which requires you to file for permission to work.

You should consult with an attorney to determine if you fall into one of these categories.

   

 

Bergstrom Attorneys Office Locations:

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Bergstrom Attorneys Clarendon/Courthouse Metro
2111 Wilson Boulevard 8th Floor
Arlington, Virginia 22201
(Direct Mail/Packages to this Location)

Bergstrom Attorneys Metro Center
700 12th Street NW Suite 700
Washington, DC 20005

Bergstrom Attorneys Friendship Heights
2 Wisconsin Circle Suite 700
Chevy Chase, Maryland 20815

 

Bergstrom Attorneys McClean
1765 Greensboro Station Place 9th Floor
Tysons Corner, VA 22102

Bergstrom Attorneys Ballston
4601 North Fairfax Drive Suite 1200
Arlington, Virginia 22203

Bergstrom Attorneys Fairfax
4000 Legato Road Suite 1100
Fairfax, Virginia 22033

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Bergstrom Attorneys serve our clients based on our commitment to our firm's guiding principles. You have our pledge to meet the following standards:

- Perform at the Highest Level of Quality and Professionalism.
- Communicate with Clarity and Transparency. 
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