2 Steps for a Green Card

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Dreams of becoming a U.S. citizen or a lawful permanent resident (LPR) are priceless. The immigration process is long and stressful, but stands the chance of being worth every minute. Individuals of foreign descent (called foreign nationals) must have a lawful permanent resident card (green card) to lawfully reside in the U.S. If you don’t have the time or confidence to prepare the forms required under by the U.S. Citizenship and Immigration Services, or if your situation is complicated, an experienced immigration lawyer can help with assessing your eligibility, preparing the petitions and/or applications, and representing you throughout the process.Our team stands committed to assisting with the following Family-Based Immigration Forms: I-130, Petition for Alien Relative I-485, Application to Register Permanent Residence or Adjust Status I-765, Application for Employment Authorization N-400, Application for Naturalization I-864, Affidavit of Support I-864A, Contract Between Sponsor and Household Member I-131, Application for Travel Document I-90, Application to Replace Permanent Resident Card I-751, Petition to Remove Conditions on Residence The compassionate and professional team at the Law Offices of Joseph H. Nivin are committed to providing excellent legal services and dedicated representation. For more info, contact us.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Living in the United States as a lawful permanent resident has many benefits. For the most part, you enjoy many of the same rights and protections that citizens do. However, there are limitations to those rights. You cannot vote or hold public office. Also, you will still have a passport from your country of origin and could be subject to deportation in certain circumstances. Still, permanent residency is an important step in the process that can result in your securing citizenship despite coming from another country. Naturalization is the process by which a foreign national becomes a United States citizen. Are you currently ready to begin the process of going from a permanent residence to a full-fledged citizen? Have you been in the United States for long enough? The naturalization process is only available to those who have been in the United States for a significant amount of time as a lawful permanent resident. Typically, people must have had a Green Card for five years to apply for naturalization. They also need to have stayed in the United States for 30 months out of the last five years in order to qualify for naturalization. Additionally, applicants usually need to be 18 years old and to have lived in the same state for three months prior to their application. Do you believe you could pass certain necessary tests? Part of the naturalization process will involve showing that you have the knowledge and understanding to fulfill your duties as a United States citizen. As such, you will have to complete a test that shows you understand the English language and another test that covers history and government topics, also known as a civics test. While the thought of taking a test to establish your citizenship may seem frightening, there are many preparatory tools available for those who want to naturalize. What other steps are part of the naturalization process? In addition to qualifying based on your residency and passing a test, you will also need to submit documentation to the United States Citizenship and Immigration Services (USCIS) and submit to biometric screening. That could mean taking your fingerprints and other personal identifiers at an appointment set for you by the USCIS. Provided that you complete all of these steps and an interview, you could eventually become a naturalized United States citizen.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. If you are in the process of divorcing your spouse, your odds of receiving the outcome you want may depend on both New York law and your unique set of facts. If you have kids, though, the state has an interest in ensuring custody aligns with their best interests. Having no valid immigration status can make life difficult. Even if you have legal permanent residency or some non-immigrant status, you may feel disadvantaged. Fortunately, your immigration status or lack thereof probably should not affect the outcome of your custody dispute. Separate jurisdictions With few exceptions, family-related matters fall within the legal jurisdiction of the court of New York. Immigration law, by contrast, is a federal matter. Therefore, you should not expect the judge in your case to wade into the technicalities of your immigration status. In most cases, you also do not have to worry about a New York judge reporting you to immigration officials. The best interests of the child standard When making custody determinations, judges in New York have a legal obligation to determine what is in the best interests of the children. To do so, they closely examine a number of factors. While this list is not complete, the following factors are likely to be relevant: Your relationship with your kids Your ability to provide a stable and healthy environment for your children Your history of substance abuse or criminal activity Your childrens’ educational and other needs While New York law does not include immigration status in the factors judges must consider, some immigration-related matters, such as a deportation order, may run counter to the best interests of your kids. Ultimately, to increase your chances of receiving an acceptable custody arrangement, you may want to pursue legal counsel from both an immigration attorney and a family lawyer.