Tulsa Green Card Application Attorney

Tulsa Green Card Application Process

A green card is a resident visa named after the color of the identification card issued to qualified aliens. The green card allows foreign citizens to live and work in the U.S. lawfully. The official name for the green card is Form I-551. If you are not eligible for U.S. citizenship but you wish to permanently reside in the U.S., you can apply for a green card under one of three conditions:

• An immediate family member such as parent or child can petition for a green card on your behalf and sponsor you


• A spouse who is a U.S. citizen can petition for a green card on your behalf and sponsor you


• An employer can petition for a green card on your behalf and sponsor you if and only if you meet very specific criteria regarding sought-after and unique skills, as well as other eligibility criteria

The procedure of obtaining a green card begins with entering the U.S. as a legal immigrant. Then you must complete Form I-551. All applicants must have a U.S. citizen sponsor, such as an employer or spouse. If you are in another country, you can file your petition with the U.S. embassy of that country. If you are in the U.S., you can file your petition with United States Citizenship and Immigration services (‘USCIS’).

In addition to requiring a sponsor, USCIS may also require personal letters from individuals who know you well who can attest that you are not obtaining residency status for a fraudulent purpose and that you are of good moral character. These letters must be written by U.S. citizens. In addition, you may be required to provide information about where you will be living and with whom, your job situation, and your background. USCIS may also require that you take and pass a civics exam on American history and government.

If USCIS permits green card status, your green card will be conditional and will expire after two years. This is designed to weed out individuals who are using fraudulent methods to become legal residents. A common scam is known as the ‘green card marriage.’ If you marry someone solely to get a green card so that you can legally live and work in the U.S., you are violating U.S. immigration laws. Generally, these types of couples do not last very long, and USCIS hopes to weed them out by requiring them to stay together for at least 2 years before granting the alien with permanent green card status.

If you have a conditional visa, you will need to petition to remove the conditions before the 2-year expiration date. You must file this petition at least 90 days before you card expires to make time for the lengthy approval process. Form I-751 is the form associated with removal of conditions. You may again be requested to submit letters from U.S. citizens who know you well and can attest to your commitment to the U.S. and your spouse. You will also be required to validate your marriage, meaning you must prove that you did not get married for fraudulent reasons. You can do this by providing USCIS with evidence, such as:

• Witness letters


• Property deeds containing both names


• Joint tax returns


• Joint bank accounts


• Honeymoon photos

If the conditions are removed, you will be given a permanent resident card. This card will need to be renewed every 10 years. To renew a permanent resident card, simply submit Form I-90. If you receive a conditional green card due to a marriage and then divorce prior to requesting removal of your conditions, you may be removed from the country when your green card expires. However, in some circumstances, USCIS will permit you to petition without sponsorship by your ex-spouse. These circumstances usually involve extreme situations such as death of a spouse or domestic violence that necessitated divorce.

Free Consultation With Tulsa Green Card Attorney

If you need information regarding immigration call our Tulsa green card attorney today. The immigration process is complex and mistakes can set you back years. There is no reason to go it alone. Our attorneys have helped people form all over the world with visas, green cards and most other immigration issues. Call 918-743-2233 and talk to a Tulsa Green Card attorney

Tulsa Green Card Application Attorney

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Tulsa Oklahoma Double Jeopardy Lawyers

Does My Case Qualify for Oklahoma  Double Jeopardy Dismissal?

In the popular 1999 crime thriller Double Jeopardy starring Tommy Lee Jones and Ashley Judd, Ashley Judd and her husband are a wealthy, successful couple with a son. In order to avoid debts and looming bankruptcy, her husband purchases a life insurance policy with a very hefty payout and names their son as the beneficiary. Her husband then fakes his own death and frames Ashley Judd for murder. Ashley Judd is convicted of murder and sentenced to prison. When she is released, she finds out that her husband is alive, has the son, and used his fake death to collect the life insurance proceeds through their son. Ashley Judd then resolves to hunt down her husband, reclaim her son, and kill her husband. Because Ashley Judd was already convicted of her husband’s murder, she believes that the doctrine of double jeopardy will allow her to kill her husband without consequences because she cannot be prosecuted for the same crime twice.

Is this correct? And what exactly is the doctrine of Oklahoma double jeopardy?

The double jeopardy doctrine is found in the Fifth Amendment of the U.S. Constitution. It states that no person “shall . . . be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy doctrine prevents:

1. Prosecution for the same crime after an acquittal


2. Prosecution for the same crime after a conviction


3. Multiple punishments for the same crime

Oklahoma Double jeopardy only applies to criminal proceedings prosecuted by the same prosecuting authority. Thus you can be prosecuted for the same crime by Oklahoma state police and the federal Department of Justice.

Jeopardy must attach for your rights to be protected. Oklahoma double Jeopardy attaches in a bench trial before a judge when the judge begins to hear evidence and in a jury trial when the jury is sworn in. Thus if you show up on the day of trial and the Oklahoma prosecutor’s key witness does not appear to testify against you, your case will likely be dismissed for want of prosecution. However, the prosecutor may rebring the charges against you and attempt to prosecute you a second time without violating the double jeopardy clause.

If Ashley Judd was charged with murdering her husband, then acquitted, the prosecutor could not rebring the case and try the case again in hopes of attaining a conviction. The acquittal is final. However, the prosecutor may bring another case with different charges if these charges do not constitute the “same offense.” In evaluating whether the defendant is being retried for the “same offense,” Okalahoma courts utilize the Blockburger test. Offenses are separate under the Blockburger test when each offense includes at least one element that is not included in the other. Many offenses have lesser included offenses. For instance, felony murder is the killing of another during the commission of a felony such as robbery. If a defendant is convicted of felony murder, he cannot be subsequently tried for robbery because felony murder contains all elements of robbery.

However, under the Blockburger test, a second trial may be permitted regarding crimes that happened during the same incident as long as they are not the same offense. For instance, if a defendant was screaming on a residential street in the middle of the night, he could be arrested for disturbing the peace under Oklahoma Statute Title 21, Section 1362. The officers will conduct a search incident to arrest, and if they find cocaine in the defendant’s pockets, the defendant can also be charged with possession of cocaine. The prosecutor may decide to have two separate cases and two separate trials for these two charges even though they both stem from the same incident.

So would Ashley Judd be legally allowed to kill her husband a year later if she has already been convicted of his murder? Ashley Judd would likely not be permitted to do this under the Blockburger test. The circumstances surrounding the faked death would be entirely different from the circumstances surrounding the premeditated murder of her husband. While the offense charged (first degree murder) and victim (her husband) would be the same, the facts surrounding the murder would be different. Thus double jeopardy would not protect Ashley Judd. Rather, she should have sought to overturn her conviction using evidence that her husband framed her, then encouraged the government to prosecute her husband.

Free Consultation With a Tulsa Criminal Lawyer

If you have any questions about Oklahoma double jeopardy  dismissals or other Oklahoma felony or misdemeanor criminal charges call for a free consultation.

Tulsa Oklahoma Double Jeopardy Lawyers

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