Get A Green Card Through A Family Member
To many people, family is everything. Families deserve the opportunity to stay together regardless of national borders. At Trevino Immigration Law, we use many tools to help families unite and stay together, including green cards.
Experienced, Efficient Counsel For Family Immigration
Many law firms in San Antonio will advertise that they can help you obtain an adjustment of status or a green card for a family member, but many of them do not operate with the same cost-efficiency and transparency that we employ at Trevino Immigration Law.
Attorney David Trevino has over 14 years of legal experience in which he has been dedicated to immigration law exclusively. Our firm has helped people from around the globe navigate the process of obtaining a green card in many very straightforward and many very challenging situations.
Retaining the services of a qualified and experienced lawyer all but assures you of success in a process that is fraught with complexity, complicated paperwork and delays.
We will help you:
- Gather all necessary supporting documentation to prove your eligibility
- Complete your application accurately and thoroughly
- Make sure that your voice is heard throughout the process
- Appeal or submit a motion to reconsider your case, if necessary
We will help you obtain your adjustment of status and green card. We will ensure that your rights are protected, and we will help you through the process of filing petitions for other relatives who wish to immigrate to the U.S.
Getting A Green Card For A Relative In Texas
Family green cards are available to various categories of immigrants, as outlined below. Eligibility for a green card and processing times vary based on the applicant’s familial connection to the U.S. citizen or permanent resident serving as their sponsor.
The preference system includes:
- Immediate relatives – U.S. citizens’ spouses, unmarried children under 21 and parents
- First preference – Adult unmarried sons and daughters of U.S. citizens
- Second preference – Permanent residents’ spouses and unmarried sons and daughters
- Third preference – U.S. citizens’ married sons and daughters
- Fourth preference – U.S. citizens’ brothers and sisters
Special provisions exist for certain categories, including spouses and children who have experienced abuse by U.S. citizens, surviving spouses of U.S. citizens, V nonimmigrant visa holders (LIFE Act visas) and individuals born in the U.S. to foreign diplomatic personnel.
Additionally, temporary options are available for immigrants who are marrying U.S. citizens, including, but not limited to, K visas (fiancé visas).
When Do Green Cards Expire?
A permanent resident card, commonly called a green card, is valid for a limited period and must be renewed to maintain lawful status. In most cases, green cards are valid for 10 years. It is important to know the expiration date and plan ahead to avoid legal issues or travel restrictions.
USCIS allows applicants to renew their green card within six months of expiration. Submitting the application too late can cause problems with employment verification, traveling outside the U.S. or accessing government benefits.
Here are important reminders about green card renewal:
- Validity: Standard green cards last 10 years from the issue date.
- Application window: Renewal is permitted only within six months before expiration.
- Potential consequences: Expired cards may prevent re-entry to the U.S. and delay work authorization.
Our San Antonio immigration lawyer can simplify this process. We provide guidance on completing forms correctly, timely submission and reducing the risk of delays.
Professional assistance is important for those who may have international travel plans or work requirements, as it helps secure continuous legal residency. Properly managing your green card expiration and renewal helps ensure you maintain all rights and benefits as a U.S. permanent resident.
What Is The Violence Against Women Act (VAWA) And How Does It Protect Abused Immigrants?
The Violence Against Women Act (VAWA) provides critical protections for immigrants who are experiencing abuse by a U.S. citizen or lawful permanent resident family member. The act allows certain spouses, children and in limited cases, parents, to apply for immigration relief independently of the abusive family member. This means eligible individuals can seek legal status without relying on the abuser, which is essential for safety and stability.
For spouses and children of abusive U.S. citizens or lawful permanent residents, VAWA provides a path through self-petitioning. The eligibility requirements include:
- You must be a spouse or child of a U.S. citizen or lawful permanent resident who has committed abuse.
- Children included must be under 21 years old and unmarried at the time of filing.
- Parents of abusive adult children cannot include derivative beneficiaries on their petition.
When a self-petition receives approval, derivative beneficiaries, such as children included on the petition, receive the same immigration category and priority date as the primary petitioner. They may also seek lawful permanent resident status once a visa becomes immediately available.
Notably, VAWA allows self-petitioners to add a child born after the petition’s approval when applying for lawful permanent resident status, without needing to file a new petition. This helps ensure ongoing protection for children and families affected by abuse.
VAWA also provides access to certain federal and state public benefits. Individuals self-petitioning as a spouse or child, as well as their derivative beneficiaries, are considered qualified aliens for purposes of public benefits if they can demonstrate prima facie eligibility for Form I-360 or have an approved Form I-360. Important points include:
- USCIS will provide a Notice of Prima Facie Case (NPFC) if prima facie eligibility is demonstrated.
- The NPFC, or notice of an approved Form I-360, can be used to apply for certain public benefits.
- Parents of abusive adult children are not considered qualified aliens and are not eligible for public benefits.
Understanding the protections and eligibility under VAWA is complex, and navigating the application process can be challenging.
Our experienced immigration attorney can guide families through self-petitions, the inclusion of children as derivative beneficiaries and access to public benefits, helping ensure victims of abuse can safely secure legal status and support without relying on the abuser.
Speak With Us About Your Unique Situation
Additional factors such as your work history, criminal history, visa history, age, education, job skills and more will affect your eligibility for a green card. To schedule an initial consultation with attorney Trevino, please reach out to us online or call 210-544-5105. We look forward to speaking with you.
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