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Part II - Application of Non-Citizen Relative
The second part of the application for a relative's permanent residency status requires the relative to submit an I-485 Application to Register as a Permanent Resident with USCIS or to apply at an embassy abroad.
Note: only persons who entered the United States legally, i.e. “with inspection,” may file an I-485 Application.
A person who entered legally, but whose status has lapsed, may be ineligible to file the I-485 Application unless that individual is the spouse, parent or child under 21 of a U.S. Citizen.
A person who is unable to file the I-485 Application may be eligible to complete the “green card” process by applying for a permanent visa at an embassy outside the U.S.
To understand how these provisions may apply to your situation, contact us.
Required Evidence in Support of I-485:
A non-citizen must show he/she has no impediment to becoming a Permanent Resident and is otherwise eligible for permanent resident status. He/she must prove:
Nationality - Birth certificate or proof one is not available (USCIS is less strict on this requirement for asylees).
No drug conviction or serious criminal conviction (See INA § 212, 8 U.S.C. § 1182 for crimes which cause a person to be excludable.) .
No medical condition which is a threat to the person or community (waivers are available).
Will not become a public charge.
No order of deportation (unless waived).
No willful misrepresentations to obtain an immigration benefit (unless waived).
Documents and Forms Required:
- Affidavit of Support (I-864) employment or income
- Biographic Information (Form G-325A)
- Medical Exam (Form I-693).
- Birth certificate - to show nationality, passport not enough)
NOTE: Asylees and Refugees file their application for permanent resident status one year after being granted asylee or refugee status, providing a copy of thedecision on their asylum claim and/or I-94 card showing status.
Maintaining Status
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