International Travel
A Green Card holder can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US, a Permanent Resident normally needs to present the Green Card (Permanent Resident Card, Form I-551) for readmission. A re-entry permit is needed for re-entry for trips greater than one year but less than two years in duration.

Green Card Expiration
The Permanent Resident Card currently is issued with 10-year validity. Status as a Permanent Resident does not expire with the 10-year validity; only the card expires. The card must be renewed before it expires.

There is also a conditional permanent resident card, which expires in 2 years and the holder will be deported if action is not taken. If the Green Card was received by marriage which was issued to the person when the marriage was less than 2 years old then the person most likely will have a conditional permanent resident card.

Conditional Permanent Status
After your marriage, your new spouse will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time of adjustment to permanent residence status. The difference between a conditional and an unconditioned permanent resident is that permanent resident status will expire in two years from when it was given, unless the person successfully petitions to have the condition removed. As a new couple, Form I-751 must be filed during the 90-day period immediately before the second anniversary of the date the alien spouse was granted conditional permanent residence.

Sponsoring Relatives
A Permanent Resident can petition for relatives, such as his/her spouse and children to join him or her in the United States as immigrants. If the person had a spouse and children when he/she became a Permanent Resident, they may be eligible for permanent residence through the person without filing separate petitions. This depends on how the individual qualified for permanent residence. To determine whether this possible, you should seek the aid of the Immigration Attorneys at Smith & Garg LLC.

Sponsor Eligibility (American National)
In order to be eligible to sponsor a relative to immigrate to the United States, the sponsor must meet the following criteria:

• A sponsor must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving status.
• A sponsor must prove that he/she can support the relative at 125% above the mandated poverty line.
• If the sponsor is a US Citizen he/she may petition for the following foreign national relatives to immigrate to the United States; however the sponsor must be able to provide proof of the following relationships:
  • Husband or wife;
  • Unmarried child under 21 years old;
  • Unmarried son or daughter over 21 years of age;
    • Married son or daughter of any age;
  • Brother or sister, if sponsor is at least 21 years old; or
  • Parent, if sponsor is at least 21 years old.
• If the sponsor is a lawful permanent resident he/she may petition for the following foreign national relatives to immigrate to the United States; however the sponsor must be able to provide proof of the following relationships:
  • Husband or wife; or
  • Unmarried son or daughter of any age.

There are certain relatives that a sponsor cannot file this petition on behalf of.

Applicant Eligibility (Foreign National)
To be eligible for lawful permanent residence based on a family relationship the applicant must meet the following criteria:

• The applicant must have a relative who is a US citizen or a lawful permanent resident that can provide documentation proving their status and is willing to sponsor the applicant for lawful permanent residency by filing the I-130, Petition for Alien Relative.
• The relative must be able to prove they can support the applicant by providing documentation that their income is 125% above the mandated poverty line for their family, including the applicant and all other sponsored family members.
• If the relative is a US Citizen and they can legally prove the applicant shares one of the following relationships, the applicant may be eligible for lawful permanent residency:
  • Husband or wife;
  • Child under 21 years old;
  • Unmarried son or daughter over 21;
  • Married son or daughter of any age;
  • Brother or sister if applicant is at least 21 years old; or
  • Parents if applicant is at least 21 years old.
• If the relative is a lawful permanent resident and they can legally prove the applicant shares one of the following relationships, the applicant may be eligible for lawful permanent residence:
  • Husband or wife; or
  • Unmarried son or daughter of any age.

(Note: The definition of "immediate relative" includes widows of U.S. citizens, provided that the foreign national was the spouse of the citizen for at least 2 years prior to the citizen's death and was not legally separated from the citizen at the time of his/her death.)

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your immigration needs.