14 Sep Can you naturalize if you overstayed your green card?

By Atty. Chris Caday Lozano

BREAKING NEWS

New Regulation will make it easier to immigrate

The Biden Administration will release a regulation by December 2022, making it easier to immigrate for people who have taken public benefits.   The public charge under Trump era will be revised significantly.

N-400 Application for Naturalization

The USCIS  is now giving priorities to application for naturalization .  The reason is obviously to allow qualified immigrants to vote in the coming midterm and presidential election.  There are cases when the waiting time is only six months compared to prior years.  Pres. Biden is encouraging all qualified to file for naturalization.  This is a rare opportunity that all qualified should take advantage of.  

DACA reinstated

Pres. Biden reiterated to renew the DACA processing as of August 31, 2022

Petition for Caregivers

The priority date for “Other workers” for Final Action date is May 8, 2019, which is about 3 years waiting for the visa.  The priority date for Date of Filing of Adjustment of Status for those in the U.S. is now current.  This means that when the petition is approved an adjustment of status can be filed.  This process is good for those who need caregivers.

Arrest and removal of undocumented is now up to the discretion of ICE officer

US Supreme Court did not allow Pres. Biden to overturn the immigration policy of Trump with regards to priority in arrest and removal.  With increasing migrants at the border White House is now requiring ICE to deport more migrants under political pressure.   It is now a decision to be made by the ICE officer which could include arrest of anyone who is undocumented.  It is time to work on your green card now.

Can you naturalize if you overstayed your green card?

Many clients have an expired green card and ask me if they can naturalize.  The answer is it depends on your period of residence inside the U.S.  If you have been in the U.S. for continuous 5 years (3 years for married to U.S. citizen based green card) then you may qualify for applying for naturalization based on residency,  On the other hand there are those who overstayed outside the U.S. for more than 180 days but less than one year. They may qualify if they can prove that they did not relinquish their residence in the U.S.  For those who overstayed for more than one year they will have to maintain a continuous residence for four years and one day after returning to the U.S. to apply for citizenship

Green cards are important especially when traveling abroad and applying for citizenship.   There are certain issues about replacing green card which we will discuss.

1.     Lost green card.  The person who lost his green card may file to renew their USCIS-issued green card that have expired or replace ones that have been lost, stolen, mutilated, or destroyed, or that contain an error.  If you need to apply for naturalization and you believe you qualify except you lost your green card you may discuss this matter with an immigration attorney.

The person who lost green card may complete and properly file an Application to Replace Permanent Resident Card (Form I-90) with USCIS, with appropriate fees (if required), in accordance with the Form I-90 instructions. 

What happen if the green card is lost while outside the U.S.?

A Lawful Permanent Resident (LPR)  who is temporarily outside the United States for less than 1 year and who is not in possession of a valid green card  (for example, it was lost, stolen, or destroyed) may properly file an Application for Travel Document (Carrier Documentation) (Form I-131A) to request documentation to demonstrate to an airline or other transportation carrier that he or she is authorized to travel to the United States.  This transportation letter does not replace the green card. LPRs must still complete and properly file Form I-90 to obtain a replacement of the green card upon arrival to the U.S.

2.     What happen if the Reentry permit is lost?

If inside the United States, complete and properly file an Application for Travel Document (Form I-131) with USCIS, with appropriate fees.

An LPR who is temporarily outside the United States for less than 2 years and who is not in possession of a valid green card (for example, it was lost, stolen, or destroyed) may properly file an Application for Travel Document (Carrier Documentation) (Form I-131A) to request documentation to demonstrate to an airline or other transportation carrier that he or she is authorized to travel to the United States. The transportation letter does not replace the reentry permit. LPRs must complete and properly file Form I-131 upon reentry into the United States to obtain a replacement reentry permit.

Note:       This is not a legal advice.  You should consult with an immigration attorney about the specifics of your case.

Bankruptcy Basics

• Bankruptcy will actually improve your credit within one year because your unsecured debts are discharged.  Although the bankruptcy will be in your records for 10 years, not filing bankruptcy will make your credit even worse until most your debts are paid.
• If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
• Collection actions continue and you can be sued if you are in debt settlement.
• Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.

CAR ACCIDENTS

Our Law Firm successfully settled a car accident for $675.000. 

FAMILY LAW

We also handle uncontested DIVORCE.

INCOME TAX PROBLEMS

We can help you if you are under IRS audit, need a representation with IRS, need to reduce your tax liability or need to offer a payment plan to IRS,

SUCCESS STORIES

For the month of August 2022, we received an approvals from the Immigration Court a waiver of misrepresentation for an immigrant in removal proceeding who entered the U.S as single but actually married.  The waiver allows him to stay in the U.S. permanently.  We also received approval from USCIS six naturalization applications, two  Fiancée visa petition,  three removals of condition on residence and three adjustment of status applications.

Note:       If you have immigration problems write us a letter and we will reply to you with no initial obligation.  The Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and income tax preparation since June 1999.  His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website:  www.crispinlozanolaw.com/