The person that is born in another country and a citizen of their homeland, but would like to reside and work in the United States permanently will be required to file a Form I-485 to be a permanent resident. This is also known as being a “green card” holder and will enable the person to take their citizenship test to become a naturalized American. This type of visa is different, because it permits the person to remain in the United States without having a date that will require going home to the country that they are a citizen.
There are specific qualifications that must be met and ways to obtain the green card visa, unless these are met and the regulations followed the visa will not be approved, or it could be revoked. The first way to qualify is by family, the applicant could be qualified if they are:
- A spouse, parent or unmarried child under 21 of a U.S. citizen, who is at least 21 years old.
- In some cases children that are over 21 or married, brothers and sisters may be eligible.
- The spouse and children under 21, who are unmarried of a green card holder.
- A child born to a foreign diplomat within the United States, a U.S. citizen or a non-immigrant.
Who is Qualified to File Form I-485
The official immigration visa is based upon the approval of the USCIS and filing this application must be completely filled out and accompanied by the proper documents. This is important or the application will be rejected. Even if there is a relative who has filed a petition for the applicant to file for a permanent resident visa, it can be turned down if it is not properly submitted. The applicant can be the principal visa holder and his or her family can then file a Form-I 485 in order to have a permanent status in the United States.
Who is Not Eligible
There are some applicants that may not be immediately eligible and be required to meet specific regulations, these include:
- If the applicant entered the United States without a visa.
- If the applicant entered the United States on as a non-immigrant.
- The amount of time permitted to stay in the U.S. expired prior to filing the application for permanent residency.
- If the applicant is not admitted into the U.S. after an inspection by an immigration officer.
- If you were employed in the U.S. without the authorization of the USCIC prior to filing the application.
- Failure to maintain non-immigrant status, while in the U.S.
These issues may require the assistance of a legal expert that is a North Dakota immigration lawyer. They have the experience to assist in the application process, or if there are problems obtaining a green card visa. Dealing with immigration issues can be overwhelming and assistance can make it easier. They have the knowledge of how immigration laws work, along with being up-to-date on any changes to the rules and regulations.