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Messing Law Offices P.L.C.
tel: (520) 512-5432
5151 E. Broadway Blvd., Suite 1600
Tucson, AZ 85711

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Messing's Immigration Factoids ™
  Plea bargaining crimes of non-citizens requires careful attention to immigration consequences. Some crimes automatically result in deportation, but closely related crimes may have completely different immigration results. Convictions where legal advice about immigration consequences was ignored or deficiently given can sometimes be legally set aside.
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Sample Permanent Resident Card

A permanent resident card is commonly known as a green card. It is proof of immigrant status, which allows the holder to reside and work in the United States. Immigrant status can be conferred by an immigrant visa issued by a U.S. consulate abroad, or through adjustment of status from within the United States by USCIS.


Sample of front and back of the current card: prior version of it appears at bottom of page.

The card is not a token that embodies immigrant status, but is proof that such status exists. Therefore, loss of the card itself or its theft does not equate to a loss of immigrant status. The status continues unaffected, and a replacement proof of it can be requested and obtained. If there is a mistake in the information on the card, it can be corrected through a timely request for the issuance of a new card.

Replacement cards can be requested through e-filing or paper forms. If the fault was the Government's and it is caught in time, there is no fee for a replacement card. Otherwise, there is a fee. The form for paper filing and procedures for e-filing are available for free from the USCIS website.

If you have need of a replacement card and are unsure about requesting it yourself, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

The current version of the card was adopted in 2004. Such cards are commonly valid for a period of ten years and when there is an expiration date shown, they must be renewed upon expiration. However, it is unclear whether the requirement to renew applies to older permanent resident cards that were issued without an expiration date.

If you have been advised of the need to renew your card, the card has expired or is about to expire and you have reservations about requesting a new one and need a confidential attorney-client consultation to discuss it, please contact Messing Law Offices to schedule an initial consultation.

With regard to seeking employment, a permanent resident card is often more attractive to potential employers than temporary visas like the H-1B visa because the employer is saved the trouble and expense of sponsoring and eventually requesting an extension of a non-immigrant visa (click the link to see an example of a non-immigrant visa) for a valued employee or potential hire. Also, a permanent resident can work indefinitely so long as the permanent residence status is not lost through a disqualifying criminal conviction or abandonment. A non-immigrant visa, by contrast, is granted for a limited period of time, with or without possibility of extension, depending on the classification. Therefore, from the standpoint of the employer, a permanent resident card can offer greater stability of employment in the workplace.

If you have questions or concerns about market attractiveness of various visas for yourself or someone close to you, or you are employer needing help on the subject, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

Employers are required initially to check the immigration status of all employees hired in the United States, whether they are U.S. citizens, permanent residents, or non-immigrants holding an employment authorization document. From the government's perspective, an employer's preference for one class of non-U.S. citizen employees may be evidence of illegal discrimination in hiring. The U.S. Department of Justice investigates complaints of employment discrimination against non-U.S. citizen workers and is empowered to levy fines against guilty employers. Read more about immigration-related employment discrimination.

Permanent residents and employers alike often assume that holders must produce the card itself , as would be required if questioned by immigration authorities, but legally permanent residents cannot be required to do so in order to satisfy the employment eligibiity requirement of employers if they choose to proffer alternative proof of status. For example, a U.S. permanent resident is required to declare under penalty of perjury in Section 1 of the I-9 form whether he or she is a U.S. citizen, permanent resident, or alien authorized to work and should choose permanent resident. He or she must furnish the A-number associated with permanent residency, but need not show the employer the permanent resident card itself; the employee could legally only show a social security card and driver's license to qualify for the job and an employer could not legally ask to see the card itself without violating rules against employment discrimination.

If you have questions or concerns about I-9 requirements either as an employer or employee, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

E-Verify is a computerized check made by the employer of government social security and immigration databases to make sure that federally-issued documents which are tendered to prove legal status are authentic and not fraudulent.

If you are an employer with e-Verify questions, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

Employment reverification by an employer is required for expiring employment authorization documents, but this requirement does not apply to a renewed permanent resident card, whether occasioned upon expiration of an old card or removal of conditions upon permanent residence. (Permanent residency granted on the basis of a recent marriage to a US citizen and of certain types of investments is conditional for a period of two years, near the conclusion of which a supplemental filing must be made to remove the conditions.)

If you have questions or concerns about employment eligibility requirements either as an employer or employee, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

A special type of proof of permanent residency is a stamp in a foreign passport affixed by U.S. immigration authorities, which occurs most frequently when a new arrival presents an immigrant visa at the port of entry. It is issued as temporary proof of permanent residence. When the holder receives the green card itself, the stamp is superseded and replaced by it. At that time the employer is required to reverify employment authorization of the holder.

An earlier version of the permanent resident card was issued beginning in 1997 by the Immigration and Naturalization Service of the Department of Justice prior to the creation of the Citizenship and Immigration Service of the Department of Homeland Security. It is almost identical as to appearance except as to the issuing agency and a less sophisticated hologram.


Tucson Permanent Residency Attorney: Family, Labor, Business-based Immigration Lawyer 

At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices for professional Arizona immigration attorney assistance.

 
John Messing has been appointed the 2010-11 Liaison from the American Bar Association (SciTech Section) to United States Citizenship & Immigration Services

Messing Law Offices  accepts payments through Visa, Mastercard, Discovery and American Express credit cards, and Paypal
 

Copyright JHM 2007-10


Messing Law Offices provices immigration and naturalization attorney services in Tucson, Arizona, tel.: 520-512-5432. Member, American Immigration Lawyers Association (AILA).

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