Empowering Immigrants With Knowledge, Solutions & Hope for a Brighter Future

When someone wants to directly help a family member gain legal status in the U.S., the first step is the filing of an I-130 petition.  Residency, which is the legal status that green card holders have, can only be approved after an I-130 has been approved.

People who have been granted residency are issued green cards as evidence that they may now permanently reside in the U.S.  For most foreign-born individuals, becoming a permanent resident is a necessary step before one can qualify to become a U.S. citizen.

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Some individuals are given what is called “conditional residency” which provides them with a green card that expires after only two years, instead of ten years.

Deportation and removal are often used interchangeably because they essentially are referring to the same concept. When people refer to deportation or removal, they mean that a person is in the United States and may be required to leave the country and sometimes actually physically taken out of the U.S. 

Asylum, if granted, gives an individual protection for future persecution and status in the U.S.  Someone who wins an asylum case is called an “asylee” and becomes eligible to work and live in the U.S. indefinitely.  

Congress, in the 1990s, provided a path for noncitizens who have been abused by a U.S. citizen or lawful permanent resident relative to petition for themselves for immigration status without the participation, consent, or knowledge of their abuser. 

DACA stands for Deferred Action for Childhood Arrivals. This is an idea from the Obama administration that allowed “DREAMers,” or people who were brought to the United States as young children, to apply for work authorization and gain protection from deportation or removal. 

TPS or temporary protected status is a benefit that protects an individual from deportation for a set period. TPS holders cannot be physically removed from the United States for the duration of time that they hold TPS.

Residents generally must have their green cards for 5 years before USCIS can naturalize them.  But for those married to a U.S. citizen, some can naturalize after only 3 years. 

U-Visas are a type of temporary immigration benefit that is granted to the survivors of certain types of crimes, as well as some qualifying family members of the survivor. 

A “green card” is the document that is given to non-citizens as proof that they have been granted residency in the U.S.  Permanent Residency status means that an individual may live in the U.S. permanently, seek employment of their choice, and travel internationally with their green card and valid foreign passport. 

Individuals under 21 years of age, who are in the United States, and who have been abused, abandoned, or neglected by one or both parents may be eligible to apply for what is called Special Immigrant Juvenile status. This may include individuals who have been orphaned by one or both parents.

A waiver is an application a non-citizen can make that must be approved in order to receive the benefit they seek.  Think of “waivers” as getting forgiveness for a bad act. 

Many USCIS denial notices state that you cannot appeal the decision. But, many times, you may file a motion to reopen or reconsider instead.