Best Permanent Residency Lawyers in Brooklyn

About Permanent Residency Law in Brooklyn, United States

Permanent residency - commonly called a green card - gives a non-citizen the right to live and work permanently in the United States. Immigration law is federal, so the basic rules for obtaining and maintaining permanent resident status are set by federal statutes and administered by federal agencies. Brooklyn residents seeking permanent residency will primarily work with United States Citizenship and Immigration Services - USCIS - and, in some cases, the Department of State when processing is done at a U.S. consulate abroad. Local Brooklyn and New York City policies can affect access to services, local enforcement practices, and supports available to immigrants, but they do not change federal eligibility rules for permanent residency.

Why You May Need a Lawyer

Immigration processes can be complex, documentation-heavy, and high-stakes. A qualified immigration lawyer can help in many situations, including:

- Family-based petitions - preparing I-130 petitions, adjustment of status applications, and responses to requests for evidence.

- Employment-based cases - preparing I-140 petitions, labor certification issues, and priority date questions.

- Waivers of inadmissibility - criminal, health, immigration violations, or unlawful presence may trigger the need for an I-601 or I-601A waiver or other relief.

- Removal or deportation proceedings - representation before immigration courts and EOIR appeals.

- Conditional residency - removal of conditions on marriage-based residency, investor cases, and timing of filings.

- Complex eligibility issues - prior deportations, misrepresentations, asylum and refugee adjustments, derivative status, or fraud accusations.

- Appeals and motions - responding to denials, filing appeals to the Board of Immigration Appeals, or filing motions to reopen or reconsider.

- Detention and bond - advising detained clients, bond hearings, and emergency relief.

- Naturalization planning - advising on timing, overcoming bars to citizenship, and preparing naturalization applications.

Local Laws Overview

Because Brooklyn is part of New York City and New York State, several local policies are especially relevant to immigrants seeking permanent residency:

- Federal preemption - immigration eligibility rules are federal, but local and state governments control many day-to-day matters that affect immigrants, such as access to municipal programs, identification, and local law enforcement cooperation with federal immigration authorities.

- Sanctuary city policies - New York City has policies limiting routine cooperation between local law enforcement and federal immigration enforcement agencies. Those policies can reduce certain local inquiries into immigration status, but they do not make a person immune from federal immigration enforcement.

- Municipal identification - IDNYC provides a municipal ID to New York City residents, including many immigrants, and can help with accessing city services, libraries, and some banks. A municipal ID is not a substitute for federal immigration documentation.

- State driver license law - New York State enacted the Green Light law allowing certain undocumented immigrants to obtain a driver license. Lawful permanent residents typically qualify for regular state driver licenses or non-driver IDs through the Department of Motor Vehicles.

- Local supports and legal services - Brooklyn has nonprofit legal services, community organizations, and city-run immigrant assistance programs that can provide low-cost or free help with documents, translation, and referrals to accredited representatives and attorneys.

Frequently Asked Questions

What exactly is a green card and what rights does it give me?

A green card makes you a lawful permanent resident. Rights include living and working permanently in the United States, sponsoring certain relatives for permanent residence, and eligibility to apply for U.S. citizenship after meeting residency and other requirements. Permanent residency also comes with responsibilities - for example, filing taxes and maintaining continuous residence. It does not give the right to vote in federal elections.

How can someone obtain permanent residency from Brooklyn without leaving the United States?

Many applicants adjust status from within the United States using Form I-485 - adjustment of status - if they are eligible and an immigrant visa is immediately available. Common routes include family-based petitions where a U.S. citizen or lawful permanent resident files Form I-130, employment-based petitions with underlying I-140s, asylum-based adjustments for eligible refugees and asylees, and special programs. Eligibility depends on immigration status, priority date availability, and whether the applicant entered lawfully or qualifies for specific exceptions.

What documents and evidence are typically required for a family-based adjustment of status?

Common documents include a properly filed family petition - I-130 - proof of the petitioner’s U.S. status, proof of the relationship - birth certificates, marriage certificates, photographs, joint financial records for spouse petitions, the applicant’s passport and I-94 arrival record, medical exam results - Form I-693, police clearance or court records if applicable, and supporting financial evidence including the sponsor’s Form I-864 - Affidavit of Support. Additional documents may be required depending on the case.

How long does the permanent residency process take?

Processing times vary widely depending on the category - family, employment, refugee/asylee adjustment, or other special categories - and depend on visa bulletin priority dates, USCIS workload, and consulate processing if applicable. Some cases take several months and others several years. It is important to check current processing trends and consult an attorney for realistic timelines for your specific category.

What is conditional permanent residency and how do I remove conditions?

Conditional permanent residency usually applies to marriage-based green cards issued for two years when the marriage is less than two years old at the time status is granted. To remove conditions, the couple must jointly file Form I-751 during the 90-day period before the card expires, presenting evidence the marriage is bona fide. If the marriage has ended or there is abuse, exceptions and waivers may allow filing I-751 without the spouse’s cooperation.

Can a criminal conviction cause me to lose or be denied permanent residency?

Certain criminal convictions can make a person inadmissible or removable. Crimes involving moral turpitude, aggravated felonies, drug offenses, and other serious offenses can have severe immigration consequences. Eligibility for waivers depends on the offense, timing, and other factors. If you have a criminal history, speak with an experienced immigration lawyer before filing any applications.

What happens if my green card application is denied?

If USCIS denies an application, you may have options such as filing a motion to reopen or reconsider, appealing to the Administrative Appeals Office or Board of Immigration Appeals, or pursuing a federal court suit in limited circumstances. Remedies depend on the reason for denial and the type of application. A lawyer can review the denial, explain options, and prepare the best possible response or appeal.

Can I travel outside the United States while my adjustment of status application is pending?

Travel during an I-485 adjustment without advance permission can result in abandoning the application. Applicants generally must apply for and receive advance parole - Form I-131 - before travel, unless they have valid travel documents that allow reentry. Permanent residents seeking to travel for more than six months should also be mindful of continuous residence requirements and consider reentry permits - Form I-131 - for longer absences.

How do I renew or replace my green card?

To renew a 10-year permanent resident card or replace a lost, stolen, or damaged card, file Form I-90. Conditional residents do not use I-90 for removal of conditions - they use I-751 or I-829 for investor conditional status. Processing times vary; keep your card current to prove lawful status and to satisfy employer and travel needs.

When am I eligible to apply for U.S. citizenship?

Most lawful permanent residents qualify to apply for naturalization after five years of continuous residence as an LPR - or three years if married to and living with a U.S. citizen and meeting additional requirements. Applicants must meet physical presence requirements, show good moral character, pass English language and civics tests, and meet other statutory criteria. There are exceptions and special rules for military service, certain spouses of U.S. citizens abroad, and other categories.

Additional Resources

Useful agencies and organizations to contact or research include federal and local bodies and nonprofit legal service providers. Key names to know:

- United States Citizenship and Immigration Services - USCIS - for forms and case processing.

- Executive Office for Immigration Review - EOIR - for matters in immigration court.

- U.S. Department of State - for consular processing and immigrant visas abroad.

- U.S. Immigration and Customs Enforcement - ICE - for enforcement context.

- New York City Mayor’s Office of Immigrant Affairs - MOIA - for local supports.

- IDNYC - municipal identification program for New York City residents.

- New York State Office for New Americans - state-level immigrant assistance programs.

- Brooklyn Bar Association and local pro bono legal clinics - for referrals to immigration attorneys.

- Nonprofit legal service providers - such as Legal Aid organizations, Catholic Charities, and immigrant rights organizations - for low-cost or free help and accredited representatives.

When seeking help, look for accredited attorneys licensed in New York or BIA-accredited representative organizations authorized to practice immigration law on behalf of clients.

Next Steps

If you need legal assistance with a permanent residency matter in Brooklyn, consider these steps:

- Gather documents - passports, I-94 arrival records, prior immigration paperwork, birth and marriage certificates, tax records, employment records, police or court records if applicable, and any USCIS correspondence.

- Identify your pathway - family-based, employment-based, asylum or refugee adjustment, special immigrant categories, or consular processing. Knowing the basic category helps focus intake questions for an attorney.

- Find qualified counsel - look for an immigration attorney licensed in New York or an accredited representative from a reputable nonprofit. Ask about experience with green card cases similar to yours, fee structures, and whether the lawyer handles appeals and court representation if needed.

- Request a consultation - prepare concise notes on your immigration history, any arrests or convictions, prior removals or deportations, and current immigration status. Ask the lawyer about likely timelines, evidence you should collect, and potential obstacles.

- Act promptly in urgent situations - if you or a family member is detained, facing removal proceedings, or has a deadline approaching - such as an expiring conditional card - seek counsel immediately.

- Keep organized records - make copies of every form you file and every USCIS or court notice you receive. Maintain a secure folder with originals or certified copies of critical documents.

Immigration matters are often time-sensitive and fact-specific. A consultation with an experienced immigration specialist will help you understand options, risks, and a practical plan for pursuing permanent residency in Brooklyn.