Family-Based Green Cards in New York

1. How long does the process of obtaining a Family-Based Green Card take in New York?

The process of obtaining a Family-Based Green Card in New York can take anywhere from 6 to 12 months. Depending on the particular case, the timeline could be longer or shorter. The processing time is largely determined by the current workload of the US Citizenship and Immigration Services (USCIS).

2. What documents do I need to submit in order to obtain a Family-Based Green Card in New York?

In order to obtain a Family-Based Green Card in New York, you will need to submit the following documents:

1. A completed Form I-130, Petition for Alien Relative;
2. Proof of your relationship to the U.S. citizen or legal permanent resident, such as a birth or marriage certificate;
3. Proof of lawful entry into the U.S.;
4. Evidence of financial support, such as tax returns or pay stubs;
5. A copy of your passport;
6. Two recent passport-style photos;
7. Medical examination results; and
8. Any other supporting documents that may be required by the U.S. Citizenship and Immigration Services (USCIS).

3. Does New York allow for dual citizenship with a Family-Based Green Card?

Yes, New York does allow for dual citizenship with a Family-Based Green Card. U.S. law generally allows individuals to hold both U.S. citizenship and the citizenship of another country at the same time. For more information on how dual citizenship works, you should consult an immigration lawyer.

4. Are there any special procedures I need to follow if I want to apply for a Family-Based Green Card from New York?

Yes, you will need to follow the steps outlined by U.S. Citizenship and Immigration Services (USCIS) to apply for a family-based green card from New York. This includes filing Form I-130, Petition for Alien Relative, and assembling the required evidence to prove the relationship between the petitioning U.S. citizen or lawful permanent resident and the intending immigrant. You will also need to submit a current photograph of the intending immigrant and pay the applicable filing fee. Once you have gathered all the necessary documents, you will need to mail them to the USCIS office in either Buffalo or New York City, depending on your case. Additionally, if your family member is already in the U.S., they may be able to adjust their status to a green card holder without having to travel abroad to apply for an immigrant visa at a U.S. consulate or embassy.

5. What is the filing fee for a Family-Based Green Card in New York?

The filing fee for a family-based green card in New York is $535. This fee does not include biometrics fees or any other additional fees.

6. Is it possible to expedite the processing of a Family-Based Green Card in New York?

Yes, it is possible to expedite the processing of a family-based green card in New York. A person can file a request for an expedited family-based green card application with the U.S. Citizenship and Immigration Services (USCIS) by submitting Form I-131, Application for Travel Document. In addition, an individual may also file a motion to expedite with USCIS in order to have their case reviewed more quickly.

7. Does New York have different requirements to obtain a Family-Based Green Card than other states?

No, the requirements to obtain a Family-Based Green Card are the same for all states.

8. Are there any restrictions on how long I can stay in New York with a Family-Based Green Card?

No, if you were granted a family-based green card, you have permanent residence status and can stay in New York as long as you wish. There are some exceptions to this, however. If you are convicted of a crime that is considered to be an aggravated felony or if you remain outside the U.S. for more than one year, your permanent residence status may be revoked.

9. Can I use public benefits such as Medicaid or food stamps with a Family-Based Green Card in New York?

Yes, you can use public benefits such as Medicaid or food stamps with a Family-Based Green Card in New York. However, you must meet all the eligibility requirements for the particular public benefit you are applying for. For more information, please contact your local public benefits office.

10. Is it possible to renew my Family-Based Green Card while in New York?

Yes, it is possible to renew your Family-Based Green Card while in New York. You must submit Form I-90, Application to Replace Permanent Resident Card, with the U.S. Citizenship and Immigration Services (USCIS) to renew your green card.

11. What are the requirements for becoming a U.S. citizen after receiving a Family-Based Green Card in New York?

To become a U.S. citizen after receiving a Family-Based Green Card in New York, you must have had your Green Card for at least five years, be able to speak, read and write English, and possess a basic knowledge of U.S. history and civics. You must also have lived within the state of New York for at least three months and have maintained residence in the United States for at least half of the past five years. Additionally, you must have a valid Green Card at the time of application, be between 18 and 54 years old, demonstrate good moral character, pass an interview to demonstrate knowledge of U.S. history and civics, and swear allegiance to the U.S. Constitution.

12. Is it possible to travel outside of the U.S. with a Family-Based Green Card from New York?

Yes, it is possible to travel outside of the U.S. with a Family-Based Green Card from New York. However, you should always check the visa requirements for your destination country, as some may require a valid visa even if you possess a Green Card.

13. Does New York allow for the transfer of a Family-Based Green Card to another family member?

Yes, New York allows for the transfer of a family-based green card to another family member. The process is called “follow-to-join” or “derivative beneficiary” and requires the filing of a Form I-824 with USCIS. In order for a family member to be eligible to join a green card holder, they must be the spouse, unmarried child under 21 years of age, or parent of the principal applicant.

14. What types of employment are allowed with a Family-Based Green Card in New York?

A Family-Based Green Card in New York allows employment in the following categories:

– Any job for which you are qualified
– Self-employment (as long as you obtain the necessary permits or licenses)
– Seasonal jobs and temporary employment
– Work for employers that accept applications from green card holders
– Certain types of volunteer work
– Internships for college credit
– Work as a student in a student work program
– Work as an au pair, intern, or trainee
– Jobs related to the diplomatic mission of your home country.

15. Are there any special rules for international students who have obtained a Family-Based Green Card in New York?

Yes, there are special rules for international students who have obtained a Family-Based Green Card in New York. International students with a Family-Based Green Card in New York must meet certain requirements in order to be eligible for in-state tuition or state financial aid. These requirements include: having lived in New York for at least one year, having a valid Social Security number, and having an Individual Taxpayer Identification Number or ITIN. Additionally, the student must be deemed a resident of the state of New York as determined by the state’s residency rules.

16. How can I check the status of my Family-Based Green Card application in New York?

You can check the status of your Family-Based Green Card application in New York by logging into the USCIS case status online portal. You will need to provide your application receipt number to access the information. You can also contact the USCIS National Customer Service Center at 1-800-375-5283 for further assistance.

17. Are there any restrictions on how much money I can make with a Family-Based Green Card in New York?

Yes, there are restrictions on how much money a person can make with a Family-Based Green Card in New York. The minimum annual income requirement for an individual is $14,850. The household’s total annual income must exceed the minimum income level of 125 percent of the federal poverty level for that household size.

18. Does New York offer any special assistance or services for those applying for a Family-Based Green Card?

Yes, New York offers special assistance and services for those applying for a Family-Based Green Card. The New York State Office for New Americans (ONA) provides free, comprehensive services to eligible immigrants and refugees, such as free legal assistance, English as a Second Language classes, and help with family-based green card applications.

19. What rights and privileges do I have with a Family-Based Green Card from New York?

With a Family-Based Green Card from New York, you are eligible for a wide range of rights and privileges. These include the right to live and work permanently in the United States, to be protected by all U.S. laws, to apply for citizenship, to receive Social Security and other benefits, and to sponsor certain family members to obtain their own green cards. You may also be eligible for government services such as low-cost health insurance, food stamps, and educational grants. Additionally, you may apply for a driver’s license or state ID card.

20. Can I apply for citizenship after receiving a Family-Based Green Card from New York?

Yes, you may be eligible to apply for U.S. citizenship after 5 years of lawful permanent residence (also known as having a green card). Eligibility requirements can vary depending on the category of your green card. You should consult with an attorney for specific advice regarding your situation.