Derivatives that do not have their own underlying immigration application can only be admitted as an LPR or adjust their status under INA 245 based on the shipper`s status adjustment. In general, a derived applicant must have the required relationship with the client at the time of filing the immigration or accommodation application and at the time of the final decision. [122] An applicant cannot be naturalized under INA 318 if their LPR status was obtained in error, even if there is no fraud or wilful misrepresentation. Here are some examples of errors in obtaining LPR status that generally exclude the applicant from naturalization: The applicant made false statements about essential facts in order to obtain asylum or refugee status. [99] Lawful Permanent Residents (LPRs), also known as « green card » holders, are non-citizens who have the legal right to live permanently in the United States. LPRs can accept a job offer without specific restrictions, own property, receive financial assistance at public colleges and universities, and join the military. They can also apply to become U.S. citizens if they meet certain eligibility requirements. The Immigration and Nationality Act (INA) provides for several broad categories of admission for foreigners to obtain LPR status, the largest of which focuses on the admission of immigrants for the purpose of family reunification. Other important categories include economic and humanitarian immigrants, as well as immigrants from countries where immigration to the United States is relatively low.

A son-in-law was granted LPR status as a result of a parent`s marriage to the step-parent, which was fraudulently entered into for immigration assistance purposes. [129] However, an applicant who entered the United States without inspection and admission or probation, or who is excluded from the adjustment of status under paragraph 245(c) of the INA, may be eligible for an adjustment of status under paragraph 245(i) of the INA. To qualify under INA 245(i): While prolonged absence from the United States is not conclusive evidence of abandonment of LPR status, the length of prolonged absence is an important factor. The more time an LPR spends outside the United States, the more difficult it becomes for the LPR to show its intention to return to the United States to live permanently as an LPR in the United States. [35] The LPR visit outside the United States is expected to be completed in a relatively short time. [36] If unforeseen circumstances result in an unavoidable delay in return, the trip retains its temporary character as long as the LPR has continued to intend to return once its original purpose of visit has been achieved. A single visit to the United States each year for those living outside the United States does not preserve LPR status. [37] An applicant for naturalization who has been granted LPR status under the CAA amendments to the Violence Against Women Act (VAWA)[115] as an abused or abused spouse or child of a qualified Cuban principal is only required to provide sufficient information for USCIS to verify Cuban citizenship or the nationality of the qualified Cuban principal. [116] This information may include the Cuban principal`s full name, date of birth, place of birth, parents` names, A number, Form I-94, social security number, or other identifying information. Failure to provide this information may result in the rejection of the application for naturalization in accordance with INA 318.

We can issue you an Employment Authorization Document (EAD) as proof that you can legally work in the United States for a period of time. [^132] See 8 CFR 245.2(a)(5)(ii). See Hernandez v. Ashcroft, 345 F.3d 824 (9th Cir. 2003) (indicating that possession of an assigned visa number is not required and that the applicant only needs to prove that a visa number was immediately available at the time of submission of the adjustment of status application). See 8 CFR 245.1(g)(1) and 8 CFR 245.2(a)(2)(i)(A). The individual was in GST on the date they filed the adjustment of status petition until the date USCIS approved the adjustment request; and There are certain circumstances in which a derivative may not have obtained lawful permanent residence on the basis of the initiator`s status and would therefore not be eligible for naturalization, including: New (issued after May 1, 2017) and old versions of a green card can be used to establish your legal status. The new version of the green card contains your photo and therefore serves as a photo ID.

It also includes your name, date of birth, United States. The USCIS (Citizenship and Immigration Services) number, the expiration date of the document and a laser-engraved fingerprint. If an official determines that an applicant`s marriage for naturalization was invalid and that the applicant`s LPR status was based on marriage, the official must reject the application for naturalization in accordance with INA 318. [^116] An applicant for naturalization who has obtained LPR status through the CAA`s VAWA amendments must provide « all credible evidence » that the qualified Cuban procuring entity is a Cuban citizen or national. See INA 204(a)(1)(J) and 8 CFR 204.2(c)(2)(i). Recognizing the standard of « all credible evidence, » USCIS is reviewing qualified Cuban client status for political reasons. See 8 CFR 103.2(b)(17)(ii). The applicant made false statements about material facts at the time of his application for adjustment of status or immigrant visa in order to conceal that he was inappropriate or that he had participated in terrorist activities.

[101] A final option to defend deportation may be available to certain undocumented individuals who have lived in the United States for a long time and who have been subject to deportation proceedings. You may be able to obtain legitimate status and a green card by non-LPR cancellation or deletion. In general, a non-citizen who, at the time of his first entry and admission or subsequent readmission, was lawfully admitted to permanent residence under applicable laws (but would not be eligible for LPR status today due to a change in the law) is still considered legally admitted to permanent residence within the meaning of INA 318. This does not apply if the applicable law expressly provides otherwise. [56] The law of the county in which the person resided at the time of the adjustment of status considered GST to be an approval within the meaning of INA 245(a); A passport issued by one of these countries can be used to determine your legal status in the United States. In addition to a passport, you must also present a Form I-94 or Form I-94A to indicate your non-immigration to the country. Since 30 September 1996, the Illegal Immigration Reform and Immigrant Liability Act (IIRIRA) has added new or amended grounds for inadmissibility. [57] If the applicant was authorized as an LPR or adapted to LPR status prior to the date of entry into force of a particular provision of the IIRIRA, it was not subject to the new or amended grounds for inadmissibility of that provision. In general, if the applicant was submitted before March 30. As of September 1996, LPR was still considered legally admitted to permanent residence, even though it had been found inadmissible under IIRIRA.

Life can be difficult for undocumented immigrants in the United States.