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What is the difference between an employment authorization document and a greencard?

What is the difference between an employment authorization document and a greencard?

Immigration attorney answers your questions about work permits and greencards

What is the difference between an employment authorization document and a greencard?

What is the difference between an employment authorization document (EAD or work permit) and a greencard (lawful permanent residence)?

One of my Sacramento client’s question took me completely by surprise: the client said to me, if I have a work permit, why do I need a greencard? Sometimes, as an immigration lawyer, I need to inform my clients of the benefits and drawbacks of obtaining a greencard or naturalization if they do not know the basics. The differences between a work permit and a greencard are very important and certainly worthy of your attention.

A work permit is merely a TEMPORARY card that allows you to work legally in the U.S. temporarily. You cannot obtain a work permit by itself. A work permit is a benefit of some sort of underlying status.

For example, you cannot come to the U.S. and simply apply for a work permit just because you want to work in the U.S., you have to have an underlying right to obtain a work permit, some sort of employment visa or other ground. Accordingly, when the basis for your work permit finishes, your work permit also terminates. For example, if you have a pending employment green card and it is denied, your work permit (which was obtained on the basis of that pending application) becomes invalid and you are left without the ability to work in the U.S.

By contrast, with a greencard, you are always allowed to work legally in the U.S. Your permanent greencard (a conditional green card is only valid for two years) is valid for ten years but even if the greencard card itself expires you are still considered a lawful permanent resident (“greencard holder”).

While a work permit is temporary, a greencard is considered permanent (note, it is possible to lose your greencard if you abandon the U.S., commit certain crimes, consider yourself a nonresident for tax purposes, or other grounds). A greencard is considered permanent because you will have it indefinitely unless you do something wrong deserving of losing it. This is in contrast to a work permit, which will terminate when the underlying basis expires.

Additionally, a work permit does not give you a basis to apply for naturalization (U.S. Citizenship). You must first be a lawful permanent resident (greencard holder) to apply for naturalization. Only U.S. Citizens can vote and unlike both holders of work permits and greencards, U.S. citizens generally can never be deported from the U.S. Again, only green card holders have the ability to qualify for naturalization, being the holder of a mere work permit is not enough.

For any questions, call us at (916) 613-3553 so that we can schedule a consultation. We represent clients throughout the fifty states with offices in Sacramento and Stockton.

Ten Mistakes to Avoid When Applying for a Marriage Based Greencard

February 26, 2014/0 Comments/in Marriage Green Cards /by Alex

Obtaining your greencard after marrying a United States Citizen can be a positive and happy experience but common mistakes can make the process needlessly stressful. Here are some common mistakes you should avoid when applying for your marriage based greencard:

Failing to file all of the necessary forms with the correct filing fees and requisite paperwork at the correct filing location: Unfortunately, immigration does not make it easy for you to obtain your entitled benefits. You must be certain to file all of the necessary forms: the spousal petition, the adjustment application, the biographic forms, the work authorization application, etc and to pay the immigration fees corresponding to the forms so that your case can be accepted for processing. If you omit a required form or forget to pay a fee your case will be rejected. You must also submit all of the required paperwork corresponding to each form. Also, immigration periodically changes the filing location for its cases so it is important to verify that you are sending your case to the correct address. An immigration attorney will of course correctly take care of all of this for you.
Waiting to apply thereby delaying your benefits: You and your spouse should apply for your marriage based greencard immediately after getting married. The longer you wait, the longer you will go without the benefits to which you are entitled and the longer you subsequently have to wait in order to apply for naturalization (U.S. Citizenship). Couples delay the process for many reasons, too burdensome, too costly, but delaying your benefits comes with a price as well. You may contact our office to learn more about the greencard process at (916) 613-3553 or info@ranchodlaw.com.
Not anticipating how long the process will take for you to obtain your marriage based greencard: In a similar vein to the second most common mistake, many couples fail to account for how long it will take to complete processing of the marriage based greencard. After obtaining the requisite paperwork and filing the forms, you must attend a biometrics appointment and then the couple must attend an interview together. After approval, the greencard usually takes another four weeks to arrive in the mail. Hence, applying as soon after the marriage as possible is wise. In Sacramento San Francisco, and San Jose immigration offices we are noticing processing times that are taking approximately 3-8 months or longer before the interview date. Please note that these government processing times are always changing.
Not being thorough and honest in your application: Both spouses should be completely thorough and honest in their applications. For example, when the application asks for all places of residence and all employers for the last five years, it is important to list every single residence and every single employer for the entire five year time period. If you are incomplete or dishonest in your application and immigration catches you in a lie, the immigration officer may begin to wonder what else you are lying about. You definitely don’t want the immigration officer to think you are lying about the validity of your marriage.
Not gathering paperwork in support of your application: In addition to the basic required paperwork (certificates, passport style photographs, etc.) you will need to gather paperwork to help prove the legitimacy of your marriage. Examples of this latter type of paperwork may include copies of joint bank accounts, bills, proof of a shared home, photographs of shared life experiences, and testimonials from loved ones or other individuals with knowledge of the relationship. Don’t be lazy! Get the documents together so that the immigration officer doesn’t have any doubt as to the validity of the relationship.
Missing your appointments: When immigration schedules you for an appointment (biometrics or the interview appointment) it is very important to attend. If you do not attend, your case will be delayed and could even be denied. If immigration schedules you for an appointment at a date or time that you cannot attend, your attorney can reschedule the appointment for you. It is better to reschedule the appointment then to simply not attend.
Not preparing for your interview: It is very important to prepare yourself for your immigration interview. Your attorney can advise you as to the typical format of these interviews, some common questions asked, and some of the tactics used by some immigration officers. If you appear nervous at your interview, the officer may think that you are trying to deceive the immigration authorities and, in turn, your interview can become more intensive. It is best to know what to expect so that you can be relaxed and appropriately responsive.
Not discussing the basics of your relationship with your spouse: Prior to your interview it is going to be very important for you and your spouse to go over some of the basics of your relationship. For example, when and how did you meet, the details of your engagement, the details of your wedding, recent celebrations, finances, etc. It is fairly common for one spouse to misspeak at the interview in regards to a date and then it makes it seem like the couple is lying. Also, two answers can both be true but different. For example, to the question of how the couple met, one might say “online,” while the other says “in a bar.” Both are true (the couple first learned of each other online but met for the first time in a bar) but if the couple gave these answers at their interview the immigration officer might think that the couple is making up their answers and are not in a true relationship. Your immigration attorney will go over all of the common questions in your preparation interview.
Thinking that immigration will give you the benefit of the doubt: Immigration will NOT, I repeat, WILL NOT, give you the benefit of the doubt if you or your spouse misspeaks or accidentally provides incorrect information. For example, if you say that you started dating in 2002 and your spouse says 2001, immigration will not write this off as a faded memory, absolutely not, immigration will question you believing that you’ve made up the details of the relationship for the purpose of obtaining unwarranted immigration benefits. Also, if immigration has any doubt, your case will be denied.
The final and most critical mistake couples make is not hiring an immigration attorney. There are so many things that can go wrong if you do not have the proper advice and guidance. Hiring an immigration attorney from the inception is affordable and will make the process as stress free and efficient as possible. We see so many couples who don’t come to us until after immigration issues a request for additional evidence or worse, a denial. Don’t let this happen to you. Contact us today at (916) 613-3553. We have offices conveniently located in Sacramento and Stockton, California but we help clients throughout the United States.

Greencard vs. U.S. Citizenship FAQ

January 23, 2014/0 Comments/in Green Card /by Alex

green card vs. U.S. Citizenship

Green Card FAQ

green card vs. U.S. Citizenship FAQ

Ultimately, many of our clients desire to become lawful permanent residents (green card holders) or U.S. Citizens. Each status carries its own benefits. Here we will address the more common questions we hear in our practice from newgreen cardholders and naturalized U.S. Citizens.

Do I need a work permit?

green card holders and U.S. Citizens do not need a work permit to work legally in the U.S. As agreen cardholder or U.S. Citizen you can prove your ability to work lawfully in the U.S. by showing an unrestricted Social Security card and your unexpired permanent resident card, US passport, or naturalization certificate, as applicable.

Do I need a travel permit to travel outside of the U.S.?

green card holders and U.S. Citizen do NOT need a travel permit, please see below for further details as applicable:

green card holders: In general, to travel to another country you will need to present a passport from your country ofCitizenshipor your refugee travel document, and you will need to present a valid, unexpiredgreen cardto return to the U.S. You must also pay attention to whether the foreign country you are visiting has any additional entry/exit requirements (such as a visa).

Note that asgreen cardholder you may be found to have abandoned your status as a lawful permanent resident if you spend too long abroad or otherwise indicate that your travel abroad is not of a brief or temporary nature. Please see our prior post on that topic.

U.S. Citizens: As a U.S. Citizen, you can travel abroad with your U.S. Passport. U.S. Citizens can remain abroad without restrictions and without fear of losing their U.S. Citizenship.

Can I vote?

green card holders CANNOT vote. Only U.S. Citizens can vote.

Do I have to file taxes?

Yes! Filing taxes as required is mandatory for bothgreen cardholders and U.S. Citizens. Others in temporary status who work in the U.S. are also required to file taxes.

Can I ever be deported?

green card holders can lose theirgreen cardstatus and face deportation. A common reason agreen cardholder can be deported is for certain criminal convictions. U.S. citizens, provided there was no fraud in obtaining the U.S. citizenship, do not need to fear deportation.

Can I be a dual citizen?

Generally, you can keep your home country’sCitizenshipeven if you become a U.S. Citizen. Some countries however, do not allow dual citizenship. Please contact us at (916) 613-3553 to schedule a consultation so that we can advise you as to your specific situation.

If you are interested in becoming a lawful permanent resident (getting your green card) or becoming a U.S. Citizen we encourage you to contact us at (209) 219-2377 to discuss your options. We can schedule a meeting at our offices inSacramentoor Stockton or we can meet telephonically or via Skype if you are not in the area.

We are available for all of yourimmigrationneeds.

3 Year H1B Extension Process [[VIDEO]]

January 16, 2014/0 Comments/in H1B Visas /by Alex

How does a person on an H1B visa get a 3-year extension? Let’s watch a short video about 3-year H1B extensions:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call The Ranchod Law Group today at (916) 613-3553. Our offices are located in Sacramento, Santa Clara and San Francisco, and we meet with new clients daily. We also assist callers from anywhere in the world!

Published by: Ranchod Law Group

Conrad 30 vs. J1 Hardship Waiver for Doctors [[VIDEO]]

January 16, 2014/0 Comments/in Conrad 30, Hardship Waivers, I 601 Waivers, J1 Visas /by Alex

Here’s a video for foreign physicians that eplains the difference between two options that doctors have when seeking to avoid the tow-year home residency requirement of immigrating to the U.S. on a J1 waiver:

The Ranchod Law Group answers all of your immigration questions. Just call (916) 613-3553 and we will do our best to help you through this stressful process. With offices in Sacramento, Santa Clara and San Francisco, we are ready to take your call, and we even assist people in different time zones around the globe remotely!

Published by: Ranchod Law Group

Waivers in Green Card Cases: Immigration Fraud

August 16, 2013/in Green Card /by admin

Recently, we have discussed waivers for criminal issues in adjustment of status cases. Adjustment of status is the process by which an individual who has a temporary status (a B Visa or an F Visa, for example) or no status (has an expired visa) can adjust their status to that of a lawful permanent resident (“green card”).

Those posts represented a variety of typical situations we see on a regular basis in both our Sacramento and Stockton offices. Please contact our office to discuss how your encounter with law enforcement, arrest, or conviction can affect your immigration status. In addition to waivers for criminal issues, it is very common to need a Waivers for immigration fraud. For purposes of this post, we are assuming you qualify for adjustment of status (a green card) and we will be looking solely at the Waivers for immigration fraud. We encourage you to contact our office to confirm that you do in fact qualify for a green card and to discuss your need for a Waiver.

Common scenarios of immigration fraud or misrepresentation include using a passport/visa belonging to a friend or family member, a fake visa for your passport, a fake passport and visa, and altering the dates on your visa. These are simply a few examples; there are many ways to commit immigration fraud. If you have committed immigration fraud or misrepresentation you will need a waiver. This is true even if you did not actually make it into the United States with the fraudulent passport or visa.

In discussing the above examples, we are referring to individuals who used a foreign fraudulent passport or their own passport with a fraudulent visa. If you pretended to be a United States Citizen on or after September 30, 1996, you CANNOT obtain a waiver. There is a narrow exception for individuals with parents who are or were United States Citizens if the individual lived in the United States prior to turning 16 and the individual reasonably believed that he or she was actually a United States Citizen.

If your immigration fraud did not involve pretending to be a United States Citizen, you may be able to obtain a waiver. In order for your Waivers to get approved, we will have to prove on your behalf that you have a United States Citizen or lawful permanent resident spouse or parent and that your spouse or parent would suffer exceptional hardship if your case was denied. Note, that unlike with the Waivers for criminal issues, you cannot use exceptional hardship to a child for purposes of a Waivers based on immigration fraud (unless you are a Violence Against Women Act self-petitioner). We can only argue regarding the exceptional hardship to your child insofar as that hardship would affect your United States Citizen or lawful permanent resident spouse or parent.