HOUSTON IMMIGRATION ATTORNEY’S FAQ

GREEN CARDS

1. What is a green card?

Green cards are issued by the United States Citizenship & Immigration Service (USCIS) to foreign nationals who are permanent residents of the U.S. Green cards allow permanent residents to travel to and from the United States without obtaining travel permits and immigrant visa. The green card is actually a permanent immigrant visa that provides the foreign national the opportunity to travel outside the United States without obtaining a re-entry permit. However, U.S. permanent residents who travel outside the U.S. for 180 days or more need to obtain a travel document or a re-entry permit prior to departnture. Depending on the situation, the USCIS may determine that the foreign national has the intent to abandon his or her permanent residency if the person traveled 180 days or more. Additionally, if the travel is one year or more, the USCIS can determine that the person actually abandoned U.S. permanent residency status. Before you travel outside the U.S, it is advisable that you need to contact the Houston Immigration Attorneys and the Southwest Houston Immigration Lawyers at Pham & Cloves, PLLC for a personal consultation with respect to your rights and obligations as permanent residents.

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

2. How do I obtain a green card?

There are a couple of ways in which one can obtain a green card. A green card, not actually green, may be obtained either through family based immigrant petition or through employment-based immigrant petition. Foreign nationals may be sponsored by qualifying family members, such as parents or children of the U.S citizens and permanent residents, and through brothers or sisters of U.S citizens. Foreign nationals may also be sponsored by employers if the person is qualified under employment based immigrant visas. Depending on the employer, the job requirements, and the foreign national’s qualifications and experience, there may be visas immediately available. In some categories, however, employers must wait until visas are available for that particular category. Further, employers may be required to obtain labor certifications (PERM) from the U.S. Department of Labor prior to filing for the sponsorship application. Please contact the Houston Green Card Lawyers and the Houston Green Card Application Attorneys at Pham & Cloves, PLLC for assistance in obtaining green cards. 
Please contact the Houston Immigration Lawyers and the Houston Immigration Attorneys if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

3. Can I travel outside the U.S. if I have a green card?

Green cards are permanent visa and authorize the card holder the right to travel in and outside the U.S. on a regular basis without obtaining visas or travel documents. So long as the date on such card is valid, permanent residents may use the card to travel in and out of the U.S. It should be noted that some cards do not have an expiration date. In these cases, you should contact the Houston immigration attorneys at Pham & Cloves, PLLC to replace your green card. Although these cards are still valid, the USCIS previously made several announcements regarding these cards and required that the card holders must apply for replacement cards that are good for 10 years before expiration. The new cards are electronic readable cards that would contain all your immigration information, and would allow the officer to determine your status much quicker at the port of entry. In recent years, many residents who have the old cards are required to secondary inspections for further review upon entry with the old green card. Therefore, for your convenience and security, we advise that you contact one of experienced Houston immigration attorneys and our Houston green card lawyers to replace your card prior to traveling. In addition, depending on the length of your travel, you may need a re-entry permit or a travel document. 

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

4. How long can I travel outside the U.S. with a green card?

The USCIS may determine that permanent residents who travel outside the U.S. for 180 days or more (less than six months), have the intention to abandon their permanent residency statuses. Furthermore, the Immigration and Nationality Act (INA) determines that permanent residents who travels outside of the U.S for one year or more, without obtaining a re-entry permit or travel document, abandoned their statuses. Consequently, anyone who travels outside the U.S. for at least 180 should file an application to obtain a travel document or a re-entry permit prior to departure. Although you can leave the U.S. subsequent to filing the application but is in the interim, waiting for an approval, you must return to the U.S. if the application is denied after your departure. Finally, if you intend to travel outside the U.S. to work, you should also file an application for a re-entry permit, especially if you travel for 180 days or more. Please contact our Houston Immigration Attorneys and our Houston Immigration Lawyers if you have any questions. 

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.


5. If I obtained my permanent residency through refugee or asylum status, what documents do I need if I travel outside the U.S.?

Foreign nationals paroled into the U.S. under refugee or asylum status, or a green card holder whose status was obtained through refugee or asylum, must obtain a Refugee Travel Document prior to departing the United States. Many permanent residents are unaware of this requirement because the USCIS often do not inquire into “how” the permanent alien obtain his or her residency status at the port of entry. Technically speaking, however, a refugee or asylum status, or a green card holder whose status was obtained through refugee or asylum, must apply for a travel document prior to departure. Please note, under INA Section 208(c)(2)(D); 8 U.S.C. Section 1158(c)(2)(D), a person that applied for asylum or refugee status after April 1, 1997 who intend to travel to the country in which the asylee claimed to have been persecuted may must file and obtain a refugee travel document. Failure to obtain a travel document prior to departing to the home country may be determined as voluntarily availing himself/herself to the protection of that country. Therefore, the USCIS or the Department of State may terminate such status. Finally, unlike the re-entry permit which has a validity period of two years, a refugee travel document is valid for only one (1) year. Please contact the Houston green card attorneys and the Houston green card lawyers to apply for travel documents, travel permits, and refugee travel documents. 

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337. You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

6. Am I out of status if my green card expires?

Currently, newly issued green cards have expiration dates and usually is valid for up to 10 years. If your green card expires, you will not be able to use such card for traveling purposes. Another word, you may not use your green card to travel abroad and upon returning, you may have difficulties obtaining entry and will usually be sent to secondary inspections prior being allowed to enter. To avoid this problem, you should file for a renewal of your green card with 90 days from the date of expiration. Nevertheless, the expiration date of the green card does not necessary mean that you have lost your status as a permanent resident. As the name suggested, you still maintain your “permanent residency” status. Previously, there is no expiration date on a green card. However, because the USCIS and the Department of Homeland Security desired to keep inspect and review the qualifications of U.S permanent residents, the new card would allow the Service to inspect and review the alien’s background every 10 years. To avoid such hassle, as well as guarantee your rights to remain in the U.S, we urge that all qualified U.S permanent residents should apply for naturalization as soon as the opportunity permits. 

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337.  You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.

7. What is a conditional green card?

Conditions may be placed on some green cards if (1) derived your green card through marriages to a U.S citizen or permanent resident and the marriage is less than 3 years at the time you filed the immigrant petition in the U.S. Consular office or an adjustment of status application in the U.S, and (2) if you are an investor under employment-based 5th category. The conditions are sometimes referred to as a “temporary green card.” The conditions often requires the holder to file an application to remove the conditions after 2 years from the date of issuance. If the green card was through a marriage to a U.S. citizen or permanent resident, then the green card holder and the spouse must jointly file an application to remove the conditions. The couple must prove that at the time of marriage and filing for permanent residency, there is a bona fide marital relationship. In some instances, the green card holder may also file an application to remove the condition on his or her own behalf. The person must still prove that even though they subsequently separated or divorced, that the marriage was bona fide at the time of marriage and filing. If you obtained a green card through employment-based 5th preference as an entrepreneur, you will also need to file an application to remove the conditions, showing that you have met the requirements set forth under this category within 90 days preceding the 2 years anniversary of obtaining the green card.

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337.  You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.


8. If I stayed outside the U.S for more than 1 year, and had now been denied entry, how do I show that I have not abandoned my residency status?

In order to come back to the U.S, a permanent resident alien who had remained outside the U.S. for more than 1 year must show that has not relinquish his or her domicile. In order to do that, the person must file an application for advance permission to return to an un-relinquished domicile. That is, the person must file an application with the District Director of the place of residence in the U.S., and the Director must approve the application. Such approval is in the sole discretion of such Director. If approved the application, the approval is valid indefinitely and the person may use the form to return to the U.S. However, if denied, the alien cannot file an administrative appeal. A permanent alien who is currently in the U.S may refile with the immigration judge if he/she is currently in removal proceedings and must appear in the immigration court. It should be noted that the application for advance person to return to an unrelinquished domiciled should be filed prior to your departure if you intend to travel outside the U.S. for more than 2 years, exceeding you’re the validity of your travel document. Once the U.S. Consulate or the an USCIS officer at the port of entry has denied your admission, it would be very difficult to obtain, without proper evidence showing that did not have the intent to relinquish your permanent residency, such as maintaining a home and have regular bills and payments made, etc. 

Please contact the Houston Immigration Lawyers and the Houston Immigration Lawyers if you have any questions regarding green card applications. You are invited to contact the experienced Houston immigration attorneys of Pham & Cloves, PLLC at 713-492-0337.  You can also submit an inquiry through our Houston Immigration Attorney’s Online Inquiry.