Applying For Temporary Lawful Residency In The Usa

The process of applying for temporary lawful residence in the USA depends on the specific circumstances of the applicant. Temporary green card is a misleading term that is sometimes used to describe conditional residence. In most cases, a green card represents lawful permanent residence, allowing the recipient to stay in the US for life, assuming compliance with US law. However, for certain groups, US law places conditions on permanent residence, including entrepreneurs on an EB-5 investor visa and spouses of US citizens married for less than two years. These groups must submit an application to the USCIS after two years to continue residing in the US.

Additionally, Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it unsafe for their nationals to be deported there. TPS offers a work permit and protection from deportation. To qualify for TPS, individuals must be a national of a designated country, be continuously physically present in the US since the effective date of designation, have continuously resided in the US since a specified date, and not be inadmissible to the US for certain criminal or national security-related reasons.

The specific forms and requirements for applying for temporary lawful residence in the US vary depending on the individual's situation and eligibility. It is recommended to refer to official government websites and seek legal advice for personalized guidance on the application process.

Temporary residence eligibility requirements

To be eligible for temporary residence, an individual must meet the following requirements:

• They must have resided unlawfully in the United States since January 1, 1982, and believe they meet the eligibility requirements of Section 245A of the Act. They must make an application within the specified time frame, with some exceptions outlined for specific circumstances.
• They must fall into one of the following categories:
• An alien who entered the United States prior to January 1, 1982, and has resided continuously in the country in an unlawful status since then, being physically present from November 6, 1986, until the date of filing the application.
• An alien who entered as a nonimmigrant before January 1, 1982, whose period of authorized admission expired before that date, and who has resided continuously in the United States unlawfully since, being physically present from November 6, 1986, until the date of filing.
• An alien who entered as a nonimmigrant before January 1, 1982, and whose unlawful status was known to the government at that time. They must meet the continuous residence and physical presence requirements as above.
• An alien exchange visitor who was not subject to the two-year foreign residence requirement or has fulfilled or received a waiver of this requirement, and has resided unlawfully in the United States since January 1, 1982.
• An alien who was granted voluntary departure, extended voluntary departure, or placed in the deferred action category before January 1, 1982, and has resided continuously in such a status in the United States since, being physically present from November 6, 1986, until the date of filing.
• An alien who was paroled into the United States before January 1, 1982, whose parole status terminated before that date, and who has resided continuously in such a status, being physically present from November 6, 1986, until the date of filing.
• A Cuban or Haitian Entrant physically present in the United States before January 1, 1982, who has resided continuously in the country since, being physically present from November 6, 1986, until the date of filing, regardless of whether they have applied for adjustment of status.
• An alien who would be otherwise eligible for legalization and was present in the United States unlawfully before January 1, 1982, and reentered as a nonimmigrant to return to an unrelinquished unlawful residence.
• An alien as described above must receive a waiver of the excludable charge 212(a)(19) as entering the United States by fraud.
• A nonimmigrant who entered the United States for duration of status ("D/S") in specific classes (A, A-1, A-2, G, G-1, G-2, G-3, or G-4), whose qualifying employment terminated before January 1, 1982, and who has resided unlawfully in the country since. Dependent family members may also be eligible if they were in A and G status when the principal alien's status terminated.
• A nonimmigrant who entered for duration of status ("D/S") in classes F, F-1, or F-2, who completed their studies, and whose time to depart expired before January 1, 1982, remaining in the United States unlawfully since. A dependent F-2 alien with a specific time period documented on their Arrival-Departure Record that extended beyond January 1, 1982, is also eligible if the principal F-1 alien is found eligible.
• An alien who is a member of the class in the Silva-Levi lawsuit (No. 76-C-4268 (N.D. ILL. March 22, 1977)), i.e., an alien from an independent country of the Western Hemisphere who was present in the United States before March 11, 1977, and was known to have a priority date for an immigrant visa between July 1, 1968, and December 31, 1976, and was eligible for such a visa.
• An alien who filed an asylum application before January 1, 1982, and whose application was denied or is still pending, is considered to be in an unlawful status known to the government.
• An alien who is otherwise eligible and who departed the United States, being paroled back in on or before May 1, 1987, to return to an unrelinquished unlawful residence.

Additionally, there are specific requirements regarding continuous residence and physical presence:

• No single absence from the United States should exceed 45 days, and the total of all absences should not be more than 180 days between January 1, 1982, and the date the application for temporary resident status is filed. Exceptions may be made for emergent reasons.
• The alien must have maintained a residence in the United States during this period and not had their departure based on an order of deportation.
• Brief, casual, and innocent absences of up to 30 days are allowed for legitimate emergencies or humanitarian purposes, with the possibility of further extensions granted by the district director.

It is important to note that there are also categories of ineligible aliens, including those convicted of felonies or certain misdemeanors, those who have assisted in the persecution of others, and those who are excludable under specific provisions of immigration law.

Application process

The process of applying for temporary lawful residence in the USA depends on the specific type of application and the applicant's circumstances. Here is an overview of the application process for temporary lawful residence in the USA:

Temporary Protected Status (TPS)

Temporary Protected Status is a special immigration status provided to foreign nationals from designated countries that are experiencing problems such as ongoing armed conflict, environmental disasters, or other temporary conditions that make it unsafe for their nationals to be deported there. The Secretary of Homeland Security has the authority to designate a country for TPS in consultation with other government agencies. Nationals of a designated country must register during a specific period and pay the required fees. They can do so by submitting an application to U.S. Citizenship and Immigration Services (USCIS). If granted TPS, individuals receive temporary protection from deportation and authorization to work in the United States.

Conditional Residence

The term "temporary green card" is misleading and is more accurately referred to as "conditional residence". Conditional residence is granted to two categories of people: entrepreneurs with an EB-5 investor visa and spouses of U.S. citizens married for less than two years at the time of obtaining U.S. residence. During the two-year conditional residence period, individuals have the same rights and obligations as regular green card holders. To remove the conditions and obtain permanent residence, they must submit an application to USCIS (Form I-751 or Form I-829, depending on the basis of their green card) within two years.

Application for Status as a Temporary Resident (Form I-687)

This form is used to apply for temporary resident status under Section 245A of the Immigration and Nationality Act as part of the 1986 Immigration Reform and Control Act, which ended in 1988. The form is now accepted by USCIS under certain circumstances, and applicants will be provided with an address when appropriate. The form can be downloaded and printed, but all pages must be from the same form edition to avoid rejection. The filing fee for Form I-687 can be found on the Fee Schedule page, and it can be paid via various methods, including money order, personal check, cashier's check, or credit/debit card. The application must be filed at a designated entity or Service Legalization Office, and the applicant may be required to appear for a personal interview. Original documents must be submitted, and certain exceptions apply for official government records, employment records, medical records, and school records.

Application to Adjust Status from Temporary to Permanent Resident (Form I-698)

This form is used to adjust one's status from temporary to permanent resident under Section 245A of the INA. Similar to Form I-687, all pages of Form I-698 must be from the same form edition, and it can be mailed to the Chicago Lockbox Facility or delivered via FedEx, UPS, or DHL to the address provided on the USCIS website. The filing fee can be found on the Fee Schedule page and paid via various methods. The form must be completed in its entirety, and the applicant must appear for a personal interview.

Documentation requirements

To apply for temporary lawful residence in the USA, you must submit Form I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act. This form is now used to apply for benefits under certain settlement agreements.

The documentation requirements for Form I-687 are extensive and strict. All documentation must be verifiable and any unverifiable documentation may result in the application being denied. Applicants must provide evidence of:

• Proof of identity
• Proof of residence
• Proof of financial responsibility

Proof of Identity

This can be established by providing one of the following documents, listed in descending order of preference:

• A valid passport
• A birth certificate
• A national identity document from the applicant's country of origin bearing a photo and fingerprint (e.g. a "cedula" or "cartilla")
• A driver's license or similar document issued by a state, which contains a photo
• A baptismal record/marriage certificate

Assumed Names

If the applicant has used an assumed name, they must prove their true identity and that the assumed name was in fact used by them. This can be done by providing a document issued in the assumed name, which identifies the applicant by photograph, fingerprint, or detailed physical description. Affidavits by persons other than the applicant, made under oath, can also be considered. These affidavits should identify the affiant by name and address, state their relationship to the applicant, and explain the basis of their knowledge of the applicant's use of the assumed name. Affidavits accompanied by a photograph carry greater weight.

Proof of Residence

Evidence of continuous residence in the United States during the requisite period of time can be demonstrated through any combination of the following:

• Past employment records, including pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, state verification of the filing of state income tax returns, letters from employers, or letters from banks and other firms the applicant has done business with. These documents should include the name of the alien, the name of the employer or other interested organization, relevant dates, the alien's address at the time of employment, the exact period of employment, periods of layoff, duties with the company, and where records are located.
• Utility bills (gas, electric, phone, etc.), receipts, or letters from companies showing the dates during which the applicant received service.
• School records (letters, report cards, etc.) from schools that the applicant or their children have attended in the United States, which must include the name of the school and periods of school attendance.
• Hospital or medical records showing treatment or hospitalization of the applicant or their children, which must include the name of the medical facility or physician and the date(s) of treatment or hospitalization.
• Attestations by churches, unions, or other organizations to the applicant's residence by letter, which must include the applicant's name, the official's name and title, inclusive dates of membership, the address where the applicant resided during the membership period, the seal of the organization, and how the author knows the applicant.
• Additional documents such as money order receipts for money sent in or out of the country, passport entries, birth certificates of children born in the United States, bank books with dated transactions, letters or correspondence, a Social Security card, Selective Service card, automobile license receipts, deeds, mortgages, contracts, insurance policies, receipts, or letters, and any other relevant document.

Proof of Financial Responsibility

This can generally be demonstrated through evidence of employment. However, if there are significant gaps in employment or if the applicant has received public assistance, they may be required to provide further proof of financial responsibility. This can include:

• Evidence of a history of employment (e.g. employment letter, W-2 Forms, income tax returns, etc.)
• Evidence that they are self-supporting (e.g. bank statements, stocks, other assets, etc.)
• Form I-134, Affidavit of Support, completed by a spouse, parent, or other family member, which guarantees complete or partial financial support

Additional Requirements:

In addition to the extensive documentation requirements, applicants must also:

• Sign the form (unsigned forms will be rejected)
• Make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition
• Pay the filing fee (this cannot be disputed or refunded)
• Provide a completed Form FD-258 (Applicant Card) if the applicant is 14 years of age or older
• Appear for a personal interview at the legalization office as scheduled
• Submit original documents at the time of the interview, unless they are official government records, employment or employment-related records, medical records, or school records
• File a separate application for each applicant
• Register under the Military Selective Service Act if the male applicant is over the age of 17 and under the age of 26

Application fees

Form I-687: Application for Status as a Temporary Resident

The Form I-687 is used to apply for temporary resident status under Section 245A of the Immigration and Nationality Act. While the exact fee amount is not specified, it is mentioned that the filing fee can be found on their Fee Schedule page. This form accepts various payment methods, including money orders, personal checks, cashier's checks, credit cards, and debit cards. It is important to note that filing fees are non-refundable, regardless of the outcome of the application.

Form I-698: Application to Adjust Status from Temporary to Permanent Resident

For Form I-698, which is used to adjust one's status from a temporary to a permanent resident, the fee amount can also be found on their Fee Schedule page. Similar to Form I-687, this form accepts payment through money orders, personal checks, cashier's checks, credit cards, and debit cards. It is important to note that the fee is non-refundable, and a separate fee must be paid for each form submitted.

Temporary Protected Status (TPS)

TPS is a program that provides temporary immigration status to individuals from designated countries experiencing issues that make it unsafe or difficult for their nationals to be deported there. While TPS itself doesn't confer public assistance benefits, applicants for TPS must register during a specific period and pay significant fees. The exact fee amount is not specified, but it is described as "significant." It is worth noting that TPS does not provide a path to permanent residence or citizenship but can provide temporary protection from deportation and work authorization.

General Information

When submitting application fees, it is important to ensure that all forms are correctly filled out and signed, as unsigned forms will be rejected. Additionally, if multiple forms are being submitted, a separate filing fee must be paid for each form. It is also recommended to refer to the official websites for specific instructions on payment methods, as there may be certain restrictions or preferred methods. Finally, application fees are typically non-refundable, so applicants should carefully review the requirements and ensure they are eligible before submitting their applications.

Application status adjustment

To apply for a change in status from a temporary resident to a lawful permanent resident, you need to fill out Form I-698. This form is used to apply for adjustment from temporary permanent resident status to lawful permanent resident status under Section 245A of the Immigration and Nationality Act (INA).

• Download the Form I-698 Package: Visit the official website of U.S. Citizenship and Immigration Services (USCIS) to download Form I-698. The form can be found under the "Forms and Document Downloads" section. Make sure to download the current acceptable edition of the form. The edition date can be found at the bottom of the form.
• Fill Out the Form: Complete all sections of Form I-698. Provide the required information, including your U.S. mailing address. Don't forget to sign the form, as unsigned forms will be rejected.
• Prepare the Supporting Documents: Along with Form I-698, you may need to submit additional supporting documents. These can include identity documents, travel documents, and evidence of your current immigration status.
• Pay the Filing Fee: There is a filing fee for Form I-698, which can be found on the USCIS Fee Schedule page. You can pay the fee with a money order, personal check, cashier's check, credit card, or debit card. If paying by check, make it payable to the U.S. Department of Homeland Security.
• Mail the Application Package: Mail your completed Form I-698, supporting documents, and filing fee to the USCIS Lockbox Facility. The address will depend on the delivery method:

• U.S. Postal Service (USPS): USCIS Attn: AOS, P.O. Box 805887, Chicago, IL 60680
• FedEx, UPS, or DHL: USCIS Attn: AOS (Box 805887), 131 South Dearborn - 3rd Floor, Chicago, IL 60603-5517

• Receive Acknowledgement: After USCIS receives your application, they will send you a receipt notice. You can opt to receive an email and/or text message acknowledgment by completing Form G-1145 and clipping it to the first page of your application.
• Biometrics Appointment: USCIS will mail you a notice for your biometrics services appointment at a local Application Support Center (ASC). This appointment is for fingerprinting, photographs, and/or signatures.
• Interview (if applicable): In some cases, USCIS officials may schedule an interview to review your case. If an interview is required, you will receive a notice with the date, time, and location.
• Respond to Requests for Additional Evidence: USCIS may request additional evidence or information during the processing of your application. Respond to these requests promptly to avoid delays or denial of your application.
• Check Your Case Status: You can check the status of your Form I-698 application online or by calling the USCIS Contact Center.
• Receive a Decision: Once USCIS has made a decision on your application, they will send you a written decision notice. If your application is approved, you will first receive an approval notice, followed by your Permanent Resident Card (Green Card) at a later date. If your application is denied, the notice will state the reasons for denial and information on whether you can appeal the decision.

Please note that the above process is a general guide, and there may be variations depending on your specific circumstances. Always refer to the official USCIS website and seek legal advice if needed.

Frequently asked questions