How to Obtain a Green Card In California

The three main ways a non-resident may legally stay in the United States are through citizenship, visas, or obtaining a Green Card. A person who obtains a Green Card in California has the right to permanently work and live in the U.S. A Green Card or a Permanent Resident Card is also known as an “Alien Registration Card” and “Form I-551”. To verify an individual’s status, the card typically contains the individual’s personal information such as biographical information, photo, fingerprint, and an expiration date issued by the USCIS. To hold a lawful permanent resident status, a Green Card must be renewed every 10 years. Otherwise, a Green Card status may become invalid if abandoned or revoked by the U.S. government.

Additionally, a lawful permanent resident status includes several other benefits such as;

• Official immigration status in the United States
• Legal rights and responsibilities
• Green Card holders have the right to live and work permanently in the United States. These individuals are also protected by local jurisdictions and all laws of the United States. However, a person with lawful immigration status is subject to certain responsibilities to maintain.
• Qualification to naturalize as a U.S. citizen

How To Get a Green Card In California

To apply for a Green Card, an individual must be qualified under one of the 8 requirements as regulated by the USCIS:

• Green Card through Family
• Green Card through Employment
• Green Card as a Special Immigrant
• Green Card through Refugee or Asylee Status
• Green Card for Human Trafficking and Crime Victims
• Green Card for Victims of Abuse
• Green Card through Other Categories
• Green Card through Registry

Green Card Application Process

The U.S. Citizenship and Immigration Service (USCIS) is a government agency that is responsible for handling all matters relating to the process of lawful entry into the United States. Regardless of where an individual chooses to reside, the application process of getting a Green Card must be submitted to USCIS.

To begin the Green Card application process, individuals must check their eligibility to apply for a Green Card. The requirements for eligibility will depend on which immigrant category the individual wishes to apply under.

Although the Green Card application process will vary for each case, most cases will typically go through these general steps:

• An immigrant petition must be filed by the individual or a sponsor
• If the immigrant petition has been approved by USCIS, an individual will either file a Green Card application I-485 Form with USCIS or a visa application with the U.S. Department of State (depending on whether you are filing from within the U.S. or overseas)
• An appointment will be made for individuals to provide biographical information such as fingerprints, photos, and a signature
• An Interview
• Finally, Individuals will receive a decision on their application

After the Green Card has been issued, it will be valid for 10 years.

Are There Any Fees For Obtaining A Green Card In California?

The filing fees for a Green Card vary depending on the immigrant category you are under. USCIS provides a chart that helps individuals determine applicable fees for each category.

What Are The Responsibilities Of a Permanent Resident?

Green Card holders have several responsibilities as a permanent residents of the U.S. such as;

• Obeying all the laws in the United States and any local jurisdiction.
• File income tax returns and report their income to the IRS.

However, permanent residents of the United States cannot vote in federal, state, or local elections.

Can I lose My Permanent Resident Status?

Unlike permanent residents who are neutralized as U.S. citizens, Green Card holders can lose their permanent resident status. For example, some actions can revoke status or even result in deportation. To maintain their status, Green Card holders are obligated to hold certain responsibilities.

Living Outside The U.S. and Abandonment

Living outside the U.S. for more than 12 months can typically lead to the loss of permanent resident status. Shorter time periods spent outside the U.S can also be regarded as abandonment of status. In many instances, this occurs when a person needs to go back to their home country for family, medical, emergencies, or other reasons. Individuals may prevent the risk of losing their status by getting a “re-entry permit. Generally, a re-entry permit will extend absences from the U.S. for up to 24 months. In other cases, immigrants who lost their permanent resident status may also re-apply for a new immigrant visa.

Voluntary Surrender of Green Card

Some U.S. immigrants may decide that they want to leave the United States permanently. In this case, they choose to voluntarily surrender their Green Card in California by filing Form I-407 and lose their permanent resident status. In the process of re-entering the U.S. after long absences, it is also common that the Custom and Borders Protection officers may ask individuals to sign Form I-407 if they believe you no longer wish to reside in the U.S. By signing this form, your permanent resident status will be revoked and your rights to dispute removal proceedings will be given up. Individuals who intend to maintain their status should not sign this form and immediately consult with an immigration attorney.

Fraud and Willful Misrepresentation

Any immigration rights and benefits received from fraud or will misrepresentation can lead to the loss of permanent resident status. Fraud and will misrepresentation occurs when an individual produces false information during any part of the immigration process. This can include false information presented in applications, interviews, or any items submitted to immigration officials. For instance, things that USCIS may evaluate as potential fraud may include extensions of nonimmigrant stay, change of status, and employment authorization.

The two most common types of frauds are;

• Marriage fraud
• If it can be proven that marriage was done in exchange for money to obtain a Green Card, it will be considered fraudulent.

Nonimmigrant Frauds

Individuals applying for nonimmigrant visas for entering the U.S. must provide “nonimmigrant intent”, meaning that they must demonstrate they will plan to return back to their home country after the end of their visa term.

Criminal Convictions

Criminal convictions are another risk of jeopardizing a permanent immigrant status. However, there is no extensive list of crimes that will result in the loss of status. Usually, crimes will be determined on a case-by-case basis. Generally, violent crimes or crimes that involve moral turpitude will most likely put individuals towards removal proceedings. Although immigrants who are convicted of criminal convictions have the right to defend themselves in criminal court, it is usually more difficult for the individual to renew a Green Card or reapply for another immigrant status under this circumstance.

Failing to Remove Conditions on Residence

Individuals with a “conditional permanent residence” status will obtain a Green Card in California that is only valid for 2 years. In this case, it is the individual’s responsibility to remove the conditions on their permanent resident status by filing a petition within the 90-day period before the Green Card expires. Different forms are required based on the conditions that need to be removed;

• Removing Conditions on Green Card based marriage
  Form I-751
• Removing Conditions on Green Card based on entrepreneurship
  Form I-829

Contact Pride Legal

If you or a loved one has been looking to obtain a Green Card in California, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.