Immigration Insider articles in this category include topics related to replacing or renewing a green card (permanent resident card). This also includes removal of conditions on a conditional green card.
You are outside the United States. Perhaps you’re visiting family or traveling on business, and you realize that your green card is expiring, already expired or even missing. You already know that having valid, unexpired proof of permanent resident status is critical for reentry at a U.S. port of entry. What to do? First, it’s important to understand that green card renewal from outside the U.S. is not an option. You’ll need to be physically inside the United States to renew a green card.
However, there are solutions to get you home. U.S. Citizenship and Immigration Services USCIS) does not support green card renewal from outside the U.S., but there are various ways to return to the United States after temporary travel abroad. Each depends on your specific situation.
The next wave of Trump administration policy designed to reduce immigration is here. U.S. Citizenship and Immigration Services (USCIS) has proposed major increases in the immigration fee structure. The USCIS immigration fee increase would nearly double the cost of some applications.
The Trump administration is simultaneously squeezing immigrants with a new public charge rule and changes to the fee waiver rules that make it more difficult for low-income immigrants and their families. To add insult to injury, some of the new fees would go to pay for Immigration and Customs Enforcement (ICE).
Many people are carrying an expired green card right now. Because you don’t use your card everyday, it’s easy for an expired card to go unnoticed. By law, permanent residents must carry a valid green card at all times. But in practice, this rarely happens and is rarely enforced by the U.S. government.
When a green card expires, it’s natural to procrastinate before renewing it. After all, the USCIS fee to renew or replace a green card is currently $540. That’s a lot of money for anyone. But an expired green card does have consequences that can be even more costly. Continue reading →
When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” U.S. Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit an I-751 affidavit.
These “letters of support” are statements written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading →
It is becoming increasingly important to have proof of your
immigration status in the United States. Having immigration papers,
documentation or proof of your legal status is essential if you have contact
with law enforcement or immigration officials. In the current environment, even natural-born U.S. citizens can run into problems with identification. What’s more, immigration paperwork can be necessary to gain access to many government benefits, secure housing, obtaining driving privileges, just to name a few. Continue reading →
As the name suggests, permanent residence implies that the green card holder will live permanently in the United States. But what if a unique opportunity arises to work or study outside the United States? Generally, a permanent resident is free to travel outside the United States, provided that the absence is temporary in nature. But employment and study opportunities abroad can be problematic. Studying or working abroad as a green card holder can lead to immigration problems.
When a permanent resident remains outside the United States for an extended period, it can lead to suspicion that he or she has abandoned residence in the U.S. But time abroad isn’t the only factor to consider. Continue reading →
You’ve decided that it may be time to apply for U.S. citizenship, but you also realize that your green card is expired. You’ve heard that you can’t apply for citizenship with an expired green card. Worse yet, the cost to renew your card and then apply for citizenship is too much.
Currently, the USCIS fees to renew a green card are $540. Then, the USCIS fees to apply for naturalization are currently $725. That’s $1,265 in fees to do both.
For most people, this cost is a barrier to applying for U.S. citizenship with an expired green card. But it’s not mandatory to renew an expired green card before applying for citizenship.
Even if you are filing with a waiver for the joint filing requirement (rather than jointly with your spouse), you will need to prove that your marriage was genuine and not created to circumvent immigration laws.
If you or your spouse recently became a conditional permanent resident through marriage, now is the time to begin documenting your life together. Don’t wait until it is time to file Form I-751 to prove you have a good faith marriage.
There are several ways that you can lose your status as a lawful permanent resident. One of the most common ways is through unintentional green card abandonment. Permanent residents may travel outside the United States. Vacation, family engagements, tourism, business are all legitimate reasons for temporary travel abroad. However, permanent residents who are absent from the United States for extended periods of time risk abandoning their permanent resident status.
In fact, the risk of green card abandonment is real for any permanent resident whose travel is not temporary in nature. Each year, many green card holders returning from trips abroad find themselves in jeopardy of losing their status because their trips are not clearly temporary in nature. Continue reading →
Whether you are a temporary nonresident alien in the United States or you’re planning to move to the U.S. permanently, there are actions you can take to get your tax affairs in order. It’s important to know your tax resident status and what specific tax obligations some with your situation.
Planning your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income can save you a significant amount of money. Taxes can be expensive and burdensome, but there are ways to minimize your tax liability the legal way.