Green Card Options for Individuals Born in Contiguous Territory and Haiti

1. Are individuals born in contiguous territories and Haiti eligible to apply for a green card?


Yes, individuals born in contiguous territories and Haiti are eligible to apply for a green card. In order to do so, they must meet all of the eligibility requirements for obtaining a green card, including having an immigrant petition approved by the United States Citizenship and Immigration Services (USCIS).

2. What green card options are available to individuals born in contiguous territories and Haiti?


Individuals born in contiguous territories and Haiti may be eligible for green cards through family-based immigration, employment-based immigration, refugee/asylee status, the Diversity Visa Lottery, a Special Immigrant Juvenile Status, and human trafficking and crime victims.

3. How do individuals born in contiguous territories and Haiti qualify for a green card?


Individuals born in contiguous territories (such as Mexico and Canada) and Haiti may qualify for a green card by marriage to a U.S. citizen or through employment-based sponsorship. They may also qualify through family-based sponsorship if they have an immediate relative who is a U.S. citizen or a green card holder. Additionally, some individuals may qualify for a green card through the Diversity Visa Program or by being a refugee or asylee.

4. When can individuals born in contiguous territories and Haiti apply for a green card?


Individuals born in contiguous territories and Haiti can apply for a green card if they are eligible to adjust status in the United States. Specifically, they must be the beneficiary of an approved Form I-130 family-based petition or Form I-140 employment-based petition, or have an approved Form I-360 self-petition as a battered spouse. They also must be admissible to the United States and meet all other eligibility requirements.

5. What are the requirements for an individual born in contiguous territories or Haiti to obtain a green card?


In order to obtain a green card through Birth in Contiguous Territories or Haiti, an individual must:

1. Have been born in a territory contiguous to the United States prior to January 13, 1941, or in Haiti prior to November 8, 1986;

2. Have either maintained continuous physical presence in the United States, or have a qualifying parent who maintained continuous physical presence in the United States since birth;

3. Have been inspected and admitted or paroled into the United States;

4. Be admissible to the United States; and

5. Be eligible to receive an immigrant visa and an adjustment of status.

6. Is it possible for individuals born in contiguous territories or Haiti to obtain a green card through employment?


Yes, individuals born in contiguous territories and Haiti may obtain a green card through employment. The process is often referred to as an employment-based immigrant visa. Individuals must have a qualifying job offer and an approved petition from their employer. They must also meet certain eligibility requirements and be able to demonstrate that they have the necessary skills and qualifications for the position.

7. What is the application process for individuals born in contiguous territories or Haiti applying for a green card?


Individuals born in contiguous territories or Haiti applying for a green card must first file Form I-485, Application to Register Permanent Residence or Adjust Status. Along with the form, the applicant must submit proof of their nationality, evidence of any qualifying family relationship, and a copy of their birth certificate. Additionally, they must provide evidence that they are eligible to adjust status, such as evidence of an approved petition or an approved labor certification. Finally, the applicant must submit the necessary fees and submit any additional forms necessary for their particular situation.

8. Are there any special considerations for individuals born in contiguous territories or Haiti when applying for a green card?


Yes, individuals born in contiguous territories or Haiti may be eligible for special considerations when applying for a green card. These considerations include exceptions to the public charge rule, waivers of certain inadmissibility grounds, and access to non-immigrant visas. For more information about these considerations, it is best to consult with an immigration attorney.

9. How long does it typically take for an individual born in contiguous territories or Haiti to receive a green card?


The exact amount of time it takes for an individual born in contiguous territories or Haiti to receive a green card depends on a variety of factors. Generally, the amount of time between filing the application and receiving the green card can range from six months to several years. The best way to get an estimate of the timeline is to consult an immigration attorney.

10. Are there any fees associated with applying for a green card for individuals born in contiguous territories or Haiti?


No, there are no fees associated with applying for a green card for individuals born in contiguous territories or Haiti.

11. Are there any age restrictions on applying for a green card for individuals born in contiguous territories or Haiti?


Yes. Generally, individuals born in contiguous territories or Haiti must be 21 years or older to apply for a green card. However, certain exceptions may apply.

12. Is there an interview process to obtain a green card for individuals born in contiguous territories or Haiti?


Yes, individuals born in contiguous territories or Haiti must go through an interview process to obtain a green card. The process involves submitting an application, undergoing a medical exam, and then attending an in-person interview.

13. Are there any health requirements associated with obtaining a green card for individuals born in contiguous territories or Haiti?


No, there are no health requirements associated with obtaining a green card for individuals born in contiguous territories or Haiti. However, all green card applicants must undergo a medical examination and submit the results to U.S. Citizenship and Immigration Services (USCIS) as part of the application process.

14. Is it possible to obtain a green card through family relationships for individuals born in contiguous territories or Haiti?


Yes, it is possible to obtain a green card through family relationships for individuals born in contiguous territories or Haiti. The U.S. Citizenship and Immigration Services (USCIS) allows certain foreign nationals from contiguous territories and Haiti to adjust their status to that of a lawful permanent resident (LPR) based on an immigrant visa petition filed by an immediate relative.

15. What documents are needed to apply for a green card for individuals born in contiguous territories or Haiti?


Individuals born in contiguous territories and Haiti may need the following documents to apply for a green card:

– A valid passport
– Evidence of permanent residence status or a valid work permit
– Birth certificate or other accepted form of proof of identity
– Proof of current, valid employment
– A completed Form I-485, Application to Register Permanent Residence or Adjust Status
– A completed Form I-765, Application for Employment Authorization
– A completed Form I-131, Application for Travel Document
– A completed Form I-864, Affidavit of Support
– Two passport-style photographs
– Any additional supporting documents requested by USCIS.

16. Are there any restrictions on travel outside the US after obtaining a green card for individuals born in contiguous territories or Haiti?


Yes, there are restrictions on travel outside the US after obtaining a green card for individuals born in contiguous territories or Haiti. Individuals from contiguous territories or Haiti who have a green card must obtain a re-entry permit from U.S. Citizenship and Immigration Services (USCIS) before they can travel outside the US and return. The re-entry permit is valid for two years and must be renewed when it expires.

17. Does obtaining a green card provide permanent residency rights to individuals born in contiguous territories or Haiti?


No, obtaining a green card does not provide permanent residency rights to individuals born in contiguous territories or Haiti. However, individuals born in those locations may be eligible for certain benefits related to U.S. citizenship.

18. What is the process of removing conditions from a green card obtained by an individual born in a contiguous territory or Haiti?


The process of removing conditions from a green card obtained by an individual born in a contiguous territory or Haiti is the same as any other green card holder. The individual must file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card expires. The application must include evidence that the marriage was entered into in good faith. If approved, the individual will receive a permanent green card with a 10-year expiration date.

19. Is it possible to renew or replace an expired or lost green card obtained by an individual born in a contiguous territory or Haiti?


Yes, it is possible to renew or replace an expired or lost green card obtained by an individual born in a contiguous territory or Haiti. An individual must file Form I-90, Application to Replace Permanent Resident Card, and provide the necessary documentation and evidence to demonstrate their continued residence in the United States.

20. How long is a green card valid for and when can renewals be applied for by individuals born in contiguous territories or Haiti?


A green card, also known as a permanent resident card, is valid for 10 years. Renewals can be applied for as early as nine months before the expiration date of the current card. Individuals born in contiguous territories or Haiti may not be eligible for automatic renewal and should contact the U.S. Citizenship and Immigration Services to determine their eligibility for renewal.