Lawful Permanent Residence

Lawful permanent residence status allows non-U.S. citizens to live permanently in the United States. The permanent residence card is often referred to as the "green card", although the permanent residence card has not been green for many years. A person may be a lawful permanent resident indefinitely. However, lawful permanent residents must renew their green cards every ten years, and it is possible for permanent residents to lose their status by living outside the United States, committing certain crimes, or by engaging in a variety of other types of misconduct enumerated in the law. The most common ways of becoming a lawful permanent resident are through employer or family sponsorship. For more information, please refer to our sections regarding family-based and employment-based petitions.

Affidavit of Support

The affidavit of support, Form I-864, is required for all family-based visa petitions at the time of filing the adjustment of status application or, in the case of consular processing, at the time of the consular interview. It is a means by which the U.S. Government ensures that the intending immigrant will not depend on government assistance once he or she receives lawful permanent residence. The petitioner must demonstrated that his/her annual income is at least 125% above the poverty guidelines. If the petitioning relative does not meet the minimum income requirement, a co-sponsor must complete the I-864A form. Both the I-864 and the I-864A forms must be supported by documentary evidence of income, including the last three years of tax returns and evidence of current sources of income. Dependents of employment-based immigrant visa petitions and certain non-immigrants are required to submit Form I-134, an affidavit of support, which has less stringent requirements than the I-864 above. Please contact our office for more information.

Conditional Permanent Residence

A spousal-based green card petition will result in the granting of conditional permanent residence status to spouses of U.S. citizens if, at the time of the granting of the immigrant status, the couple has been married for less than two years. The conditional green card will expire two years after issuance. To remove the conditions of residence, the immigrant must file a "Petition to Remove the Conditions on Residence" on a timely basis. The petition can be filed jointly with the petitioning spouse, along with documentation of a continuing bona fide marriage, or, under limited circumstances, solely by the beneficiary spouse. Please contact our office for more information.

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