Applying for Lawful Permanent Resident (LPR) Status in Alexandria

Immigration law includes very specific rules about who can become a lawful permanent resident (Green Card holder) of the United States. Applying for lawful permanent resident (LPR) status in Alexandria may be very time consuming and stressful depending on factors as simple as whether a visa is even available, which is why it is highly advisable to trust a knowledgeable attorney to assist in your pursuit of permanent residency. Call today and set up a consultation.

Who is Eligible for Lawful Permanent Residency?

Obtaining lawful permanent resident (LPR) status is one of the most important steps towards residing in the United States permanently. LPR status must be attained before one can become a U.S. citizen, according to the Department of Homeland Security.

A non-resident may be eligible to apply for LPR status if:

• The alien is the spouse, parent, or child (or sibling in the case U.S. citizens) of a U.S. citizen or lawful permanent resident.
• The applicant is a refugee or asylee who has been in the United States for at least one year after being granted that status.
• The non-resident has an approved visa petition filed by a United States employer.

In some cases, an applicant may be deemed ineligible to apply for LPR status. Some common reasons may include:

• The non-resident was employed without authorization.
• The non-resident has committed certain crimes or had prior immigration violations.
• The non-resident failed to maintain lawful status.
• The non-resident entered the U.S. without obtaining a visa.
• The non-resident was not admitted after inspection by immigration officials.

The Process of Obtaining LPR Status in Alexandria County

Generally, a non-resident can apply for permanent resident status through the United States Immigration Services (USCIS) by having an approved petition filed by a family member or employer and then applying for adjustment of status.

One of the most common ways for applying for lawful permanent resident (LPR) status in Alexandria is through a family member who is a U.S. citizen or lawful permanent resident.  The U.S. citizen or lawful permanent resident petitioner must agree to be the sponsor of their non-resident family member by filing Form I-130, Petition for Alien Relative and Form I-864, Affidavit of Support. Even if the U.S. citizen or lawful permanent resident petitioner does not meet the financial qualifications at the time, a Form I-864, Affidavit of Support must still be filed.

After filing, an I-130 that falls within one of the family preference categories and not immediate relative (i.e. not the parent, spouse, or child under the age of 21 of a U.S. citizen) the State Department can determine whether an immigrant visa number will be available. The immigrant visa number allows the non-resident to apply for LPR status. Someone who is an immediate relative of a U.S. citizen has a visa immediately available and does not have to wait.

Foreign nationals without U.S. family ties can acquire LPR status by means of their employer. Employers often look abroad for the talent needed to help their companies succeed. If a prospective employer finds a foreign worker, they can take them through a process known as “labor certification”. For employers to qualify, they must show that there are no U.S. citizens who are ready, willing, and able to perform the job for which the immigrant worker has been hired. Additionally, there are ways for non-residents to apply that may not require sponsorship. Methods such as the National Interest Waiver program and investor visas are other options.

Contact an Alexandria County Applying for LPR Status Lawyer

Seeking adjustment of status or an immigrant visa for a non-resident can be complicated and stressful. There is no substitute for having a qualified immigration attorney to assist with applying for lawful permanent resident (LPR) status in Alexandria who is knowledgeable in immigration law and can pursue all legal avenues. Reach out to an experienced lawyer today.