Thursday, October 18, 2012

Oak Lawn Immigration Attorney | Lawful Permanent Residence or LPR Application


The most often asked question that an attorney receives regarding immigration is about the application for Lawful Permanent Residence. Many individuals prefer to this as a green card application. The application for Lawful Permanent Residence status or LPR status can be granted in one of a number of ways. You can apply for lawful permanent resident status based upon a family relationship, employment, asylum, for legalization for set group of people by an act of Congress. Most individuals use the family relationship status as the basis for their application as an LPR. Many individuals have their LPR requests denied because of improper applications or a lack of proper evidence supporting their application. Immigration attorneys will tell you they receive a good number of phone calls from individuals who are now having problems with USCIS because of improper applications or lack of proper evidence. Improper petition can create harsh consequences for the applicant and he may suffer a penalty period as a result of the improper application. Application for LPR status starts with the petition. The most common petition is a family petition. Under a family petition you'll need a family member to sponsor your application. In fact, the family member is treated as the actual application. For family-based immigrants there are five categories of applications. The best category to fall under is called an "immediate relative". As an immediate relative you are given the preferential option of adjusting your status. The main benefit of adjusting your status is that you can be physically present in the United States and still receive an approval on your LPR application which will allow your status to be adjusted to a lawful permanent resident.

After the "immediate relative" category comes the traditional preference categories for family based immigrants. The first preference category includes unmarried sons and daughters of US citizens. The second preference category include spouses and children of LPR's, and unmarried sons and daughters of LPR's. The third preference category includes married sons and daughters of US citizens. Finally, the fourth preference category includes brothers and sisters of US citizens. These four preference categories are used to determine when a visa will become "immediately available" for the individual applying. The preference category uses a concept called "priority date" in which the individuals application will be set as the applicant's priority date and that individual would have to wait until his priority date becomes currents in order for his application to be ready to proceed. For information on what priority dates our current for which category the Department of State posts on their website the current priority date statuses.

If you believe you have a family member would like to apply for LPR status and need assistance contact the Law Office of Jonathan W. Cole at 708-529-7794 and schedule a free consultation to speak with an immigration attorney to assist you with your application. LPR applications can be difficult and confusing to do not risk your chances of receiving the benefits of lawful permanent resident status by fumbling through the application alone.

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