Why GreenCard Renewal is Important

Green Card enables a person to live and work in the US permanently. It also authorizes the person to file for US citizenship after being a green card holder for 5 years (3 years for conditional resident).Green Cards that are issued currently are valid only for 10 years after which the permanent resident has to go in for green card renewal. Regardless of the way a person obtains a Green Card, every permanent resident gets to live in the US for an unlimited time period and pursue any activity of their desire (provided, it is a legal one!).

Even though the permanent resident status holds good for the entire life term of that person, it is mandatory to go in for green card renewal. It is the utmost responsibility of a permanent resident to ensure that he/she has a green card that is up to date with all the latest security features. The Green Card is an official documentation of the permanent residency status and is synonymous to an identification card and

Importance of GreenCard Renewal

It is essential that Green Card holders who are over 18 yrs of age carry a valid Green Card with them at all times. Section 264 of the Immigration and Nationality Act stresses the importance of Green Card renewal. It states that, “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him..” and “ ..Any alien who fails to comply with [these provisions] shall be guilty of a misdemeanor”.

In case a person is found to be with an outdated or expired green card, it will lead to them being convicted with 30 days in jail, a penalty of up to $100, or both of these. The US government has enforced strict adherence to the green card renewal process after the September 11 terrorist attacks.

Another reason which stresses the need of going in for Green Card renewal is the role which it plays during international travel of the Green Card holder. A person with a valid and updated Green Card will find no difficulty in re-entering the US after an international travel. A US passport is only secondary as the Green Card alone will suffice for re-entry.

Green Card Renewal Process

Form I-90 has to be filed for both Green Card renewal and replacement. It is essential that applications for Green Card renewal should be filed in 6 months prior to the date of expiry of the card. Failing to do so will lead to the application being rejected by the USCIS. However, Green Card renewal applications that are received after the expiration of the Green Card will not be subjected to any penalization.

There is no such thing as Green Card renewal for conditional residents. All they can do is file a different application to remove the conditions within the 90 days before the expiry of their conditional green card.

A person cannot lose the Permanent Resi­dency status easily without doing something intentionally to renounce it. Green Card renewal enables a Lawful Permanent Resident to maintain a current documentation of his/her valid residency status and a majority of them are quite happy with this. What they tend to overlook is the fact that they cannot exercise their votes and elect their representatives with the permanent resident status. After being a permanent resident for 5 years (3years for conditional residents) , they can think about the next step of becoming a US citizen.

H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Application for Prevailing Wage Determination, with the Chicago National Processing Center (CNPC). Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) of the U.S. Department of Labor (DOL) serving the area where the employment is intended. After receiving the application, the SWA will check the job order request for errors or omissions, prepare a job order, and keep it in the Employment Service System for 10 days (but not more than 120 days) before the workers are actually needed.

After filing the application with the SWA, the U.S. employer has to show that it has made all efforts to recruit U.S. workers for a specific job before beginning to recruit foreign nationals to fill that particular position under an H-2B visa. This process begins by contacting local unions. The employer should maintain copies of any correspondence with the unions contacted as well as a record of the outcome and any qualified referrals received from the union. The U.S. employer should also post two printed advertisements for three consecutive days in a general circulation newspaper, including one Sunday newspaper, in the area of the intended employment. Alternatively, the employer can post its advertisement in a professional, trade, or ethnic publication, depending on which course of action is most appropriate for the occupation and most likely to bring responses from U.S. workers. These advertisements must be published at the same time that the SWA job order is posted.

After the U.S. employer has completed its recruitment process, the employer continue the H-2B visa application process by submitting an ETA form 9142, Application for Temporary Employment Certification, along with Appendix B.1 and a Recruitment Report to the CNPC. This application can be filed up to 120 days before the workers are needed. A certifying officer at the CNPC will review the applications to confirm that they are compliant. Next, the U.S. employer must file a visa petition, Form I-129, with U.S. Citizenship and Immigration Services (USCIS). On approval of the visa petition, the employee abroad will submit his or her own application for an H-2B visa to a U.S. consulate. The employee can use their visa to enter the U.S. and claim their H-2B visa status.

After mailing in the petition, the employer should receive a Form I-797, Notice of Action, within a few weeks, which is confirmation that the H-2B visa papers are being processed and also acts as a receipt for the fee submitted. If USCIS wants further information before deciding whether to issue an H-2B visa for the foreign worker, it will issue a Request for Evidence. The employer should provide the extra data requested and mail it to the USCIS service center. Instructions on where to send the additional evidence as well as a deadline for submission will be detailed on the Request for Evidence.

Which Form to file for citizenship?

Applicants must meet certain eligibility requirements before applying for US citizenship. Being at least 18 years or older and a being a permanent resident (Green Card holder) now and during all of the past 5 years are few of the requirements. You should have resided in the United States for a continuous period before filing of the citizenship application. If you are not married to a U.S. citizen, you should have resided in the U.S. for a continuous period of five years after admission to the U.S. as a permanent resident. If you are married to a U.S. citizen, you should have resided in the U.S. for a continuous period of three years following your admission to the U.S. as a permanent resident.

A prolonged absence from the U.S. will break the continuity of your residence in the U.S. for naturalization purposes. Additionally, you should have met physical presence requirements too. It means that you have actually been in the United States. Prior to applying, you should have resided in your current state for at least 3 months.

If you are applying for US Citizenship, you should file Form N-400 , Application for Naturalization with the USCIS. Certain supporting documents should be send with your N-400 application. Documents that are in a foreign language should be accompanied by a full English language translation while submitting to the USCIS. In such cases, the translator should certify the translation as complete and accurate, and also by the translator's certification that he/she is competent to translate from the foreign language into English.

The filing fee for the citizenship application is $595.00. Additionally, a biometric fee of $85.00 is required when filing this Form N-400. You may submit one check or money order for $680 for both the application and biometric fees. If you are filing under the military provisions , you do not require a filing fee.

The processing time for the citizenship application and US Visas application can vary from five months to more than two years depending on where and when you choose to file your application. Then the swearing-in ceremony for receiving the certificate will take place from 1 to 180 days after the interview, although in a few USCIS district offices, it can take another one or two years. The length of time for the entire process depends on the number of Citizenship applications the USCIS offices receive in each state. Additionally, making a mistake on your application can cost you even more time. So always ensure that your application is complete and error- free.

Remove conditions on residence – Form I-751

If you received a Green Card through marriage and came to the United States on a K1 visas, you would have received a Conditional Permanent Resident card that is valid for two years. When this two-year conditional period ends, the permanent residence status will expire and you may be deported or removed. To avoid such things, 90 days or less before the conditional residence expires, you should file Form I-751, Petition to Remove the Conditions of Residence. On approval, the conditional status will be removed and you will receive your new Permanent Resident card that will be valid for the next ten years.

When to file Form I-751

You should file Form I-751 within 90 days before your conditional green card expires. And when you submit your petition to remove your conditional status, it is advisable to file it at the early end of the 90-day period. Also note not to file Form I-751 before the 90-day period because if you file too early, the USCIS will return your I-751 application.

Who May File Form I-751

If you are still married, file Form I-751 jointly with your U.S. citizen or permanent resident spouse through whom you got the conditional permanent status. If you have dependent children (on a K-2 visa) who got their conditional permanent status when you got and they entered the U.S. within 90-days of your arrival, you can include their names in your petition form. If your children got their conditional status 90 days after you obtained or adjusted your status OR if the conditional permanent parent dies, they have to file Form I-751 separately to remove their conditional status.

In case you do not file jointly, you may apply for a waiver if you can prove that you entered the marriage with honesty and good intentions, but your spouse subsequently died and you can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment. You can also get a waiver if you can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse or the termination of your status would result in extreme hardship.

In cases when you are asking for a waiver you should submit adequate proof to support your request.. For example, copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.

Your package should include a completed and signed Form I-751 and a copy of your Conditional Green Card. And also two passport-style photographs for you and children applying with you. Additionally two completed fingerprint cards (Form FD-258) for you and any children applying with you and evidence showing that the marriage is a bonafide one and that it was entered in honesty and in good faith. Do not forget to send the filing fee.

If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90.

You should file Form I-751 within 90 days before your conditional green card expires. If you are a conditional permanent resident and your card is lost, stolen or mutilated, you can get it replaced by filing Form I-90

The 14th Amendment and U.S. Citizenship

On Thursday, January 6, 2011, the 112th Congress of the United States came into power. And on the floor of the House of Representatives, the United States Constitution was read in its entirety. It is an eloquent document that defines our Democratic Republic. Yet, on January 5th, on day before it was read, 14 state legislators from throughout the United States, gathered in Washington D.C., seeking to change the 14th Amendment of the United States. This Amendment states that “all persons born or naturalized” in the United States are citizens of the U.S. These lawmakers specifically want to deny children born in the United States to immigrants U.S. Citizenship and the documentation needed to prove their citizenship. Reading and listening to the U.S. Constitution should not be two separate events.

Millions of people are unemployed, state budgets are being cut, people are losing their healthcare and these 14 state legislators think that denying U.S. citizenship to children born in the United States is or paramount importance. I wonder if they know the history behind the 14th Amendment? It was adopted on July 9, 1868 as one of the Reconstruction Amendments. Its Citizenship Clause provides a broad definition of citizenship, overruling the Dred Scott v. Sandford decision of 1857, which denied U.S. Citizenship to blacks.

The Citizenship Clause reads as follows:

“All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

These are indeed beautiful and eloquent words to live by. So let us not just read the U.S. Constitution, but listen to it.

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The United States Is Facing A Nursing Shortage

According to the American Nurse Association, the nursing population is aging rapidly and they predict that 65% of registered nurses (RN) will retire this decade. By the year 2020, the RN workforce is forecast to fall nearly 20 percent below projected RN workforce requirements. The U.S. Department of Health and Human Services estimates that the nurse shortage will reach 1.2 million by 2020. This shortage is to be taken seriously, especially with the Baby Boom generation getting older and older, the demand for RNs is expected to increase.

Hard hit areas, such as California, Florida and Texas, are turning to overseas recruitment in order to help with the shortage problem. There are two different visa categories that foreign nurses can apply for in order to enter the United States to work. There are the three nonimmigrant visas: H1-B visas, TN visas and H-1C visas. And there is the EB-3 immigrant visa.

Nonimmigrant visas are temporary visas and allow the employee to enter US for a limited amount of time. Nonimmigrant visas present problems if we wish to fill the nursing shortage. The first is that they are temporary and therefore would do little to address the nursing problem long term. The second is that there are very few available nonimmigrant visas available for foreign nurses. For example, H1-B visas are only available to those who have a bachelor’s degree or higher. Many foreign-born nurses do not have the required educational degree in order to be eligible for an H1-B visa. TN visas are only available to qualified nurses from Canada and Mexico. And H1-C visas, which were created specifically to address the nursing shortage, are limited to only 500 per year and currently only a very small number of hospitals have the required certification to qualify for thius type of visa.

The second type of visa, the EB-3 immigrant visa, makes more sense since it allows foreign nurses to receive a Green Card and therefore become permanent residents in the US. Foreign nurses can apply for EB-3 visas, or a “third priority employment-based visa.” In order to be eligible to apply for an immigrant visa, the foreign nurse must be sponsored by a US health facility, such as a hospital. The application process is lengthy, requiring the US employer to file an I-140 petition and labor certification with the US Citizenship and Immigration Services (USCIS).

The nursing shortage has to be addressed and qualified, foreign-born may be part of the solution.