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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Applying for a green card has never been simply a matter of completing Form I-485, Application to Register Permanent Residence or Adjust Status.

Applicants must establish that they qualify for permanent residence under the category in which they are applying and that no applicable ground of inadmissibility prevents approval.

For applicants in Chicago and throughout Illinois, careful preparation is increasingly important. U.S. Citizenship and Immigration Services (USCIS) has emphasized closer examination of eligibility requirements, including the public-charge ground of inadmissibility.

A case that appears straightforward on the surface may raise questions worth addressing before you file the application.

What Does a Green Card Applicant Have to Prove?

The requirements depend on the basis for seeking permanent residence. Family-based, employment-based, humanitarian, and other adjustment categories do not all follow the same rules.

Generally, an adjustment applicant bears the burden of demonstrating eligibility.

USCIS may need to consider whether the applicant is subject to any applicable grounds of inadmissibility, which can involve issues such as certain criminal conduct, immigration violations, fraud or misrepresentation, health-related grounds, and public charge.

Some applicants are exempt from particular grounds of inadmissibility, and waivers may be available for certain grounds in qualifying cases. That is one reason broad statements about what “every” green card applicant must prove can be misleading.

Green Card Applications Face Greater Scrutiny

What About Good Moral Character?

Good moral character is a specific statutory requirement in naturalization and certain other immigration contexts. It is not a universal requirement imposed on every person applying for adjustment of status.

That does not mean an applicant’s past conduct is irrelevant.

Criminal history, previous immigration violations, misrepresentations, or other conduct may affect admissibility, eligibility, or discretionary considerations depending on the type of case.

Applicants should therefore have their individual histories evaluated under the requirements that actually apply to them rather than assuming that the absence of a conviction or other obvious problem resolves every issue.

Public Charge Deserves Careful Attention

Federal law requires public-charge determinations for many applicants seeking adjustment of status, although exemptions apply.

The Immigration and Nationality Act (INA) directs the government to consider factors including age, health, family status, assets, resources and financial status, and education and skills when determining whether an applicant is likely to become a public charge.

An Affidavit of Support may also be required in many family-based cases and certain employment-based cases.

The important point is that public charge should not be treated as an isolated checkbox. Applicants who are subject to the requirement need to understand how it fits into the government’s evaluation of their eligibility.

Why Individualized Legal Preparation Matters

Two applicants filing the same form can present very different legal questions. One may have a previous visa overstay.

Another may have an arrest, a prior marriage, complicated financial circumstances, inconsistent immigration records, or previous statements to the government that need review.

An immigration attorney can identify those issues before USCIS does and determine which ones actually matter under the applicant’s particular green-card category.

Shobhana Kasturi helps individuals and families throughout Chicago and Illinois evaluate the complete picture before pursuing permanent residence.

Those with questions about green-card eligibility, public charge, or other potential complications can meet with her in person, by phone, or through Zoom.

Kasturi Law LLC offers 30-minute or 60-minute consultations so applicants can obtain guidance tailored to their immigration history before moving forward.

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