Employment Authorization and Advance Parole Applications
Devendorf Law assists individuals with the process of obtaining or renewing expiring employment authorization and advance parole documents. An application for an employment authorization document typically takes 90 days or longer to be adjudicated. Since there are very limited circumstances where an individual remains authorized to work in the United States while the application remains pending, it is critical that individuals plan the submission or renewal of an employment authorization document well in advance of a desired employment start date or the expiration of an existing employment authorization document.
Where an individual has submitted a Form I-485 Application to Register Permanent Residence or Adjust Status, departure from the United States while the application remains pending will typically result in abandonment of the application. One of the exceptions to this rule is a valid advance parole document. If an individual departs the United States with a valid advance parole document and seeks to reenter during the validity of the document, the pending Form I-485 application will not be deemed abandoned. Given that individuals with pending Form I-485 applications often encounter urgent travel needs, we frequently advise clients to maintain a valid advance parole document at all times while the Form I-485 remains pending.
Reentry Permit Applications
Where an individual with permanent resident status anticipates spending an extended period of time outside of the United States, whether for business or personal reasons, a reentry permit provides the government with advance notice that the individual intends to ultimately return to the United States and resume permanent residence. An individual must be physically present in the United States at the time the reentry permit application is submitted, and an individual must also attend a biometrics appointment in the United States. A reentry permit may be valid for up to two years, during which it will allow an individual to reenter the United States in permanent resident status. We have robust experience helping individuals understand and coordinate the reentry permit application process.
Permanent Resident Card Renewals/Replacements
Devendorf Law assists individuals with the process of renewing an expired or expiring permanent resident card. Individuals who received a permanent resident card before the age of 14 may have an obligation to register for a replacement card within 30 days of their fourteenth birthday and submit to biometrics. We also help individuals apply to replace lost permanent resident cards.
Special Immigrant Visas
Where a permanent resident lacks a valid reentry permit and has remained outside of the United States for one continuous year or longer, the individual's permanent resident card may no longer be accepted as a valid entry document. In these circumstances, an individual may be required to secure a special immigrant visa from a United States Embassy or Consulate abroad in order to be readmitted into the United States in permanent resident status. We assist individuals with the process of establishing eligibility for and securing special immigrant visas from United States Embassies or Consulates abroad.
Abandonment of Permanent Residence
In certain circumstances, individuals holding a green card may decide to abandon permanent resident status. The process of abandoning permanent resident status requires submission of the Form I-407 Abandonment of Lawful Permanent Resident Status to a United States Embassy or Consulate. Individual Consular Posts vary with respect to their specific processes for surrendering permanent resident status. Prior to abandoning permanent residence, we strongly advise all individuals to consult with a competent tax professional in order to better understand all relevant tax implications.