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   LAWFUL PERMANENT RESIDENCY (THE GREEN CARD)
 


Family Based Immigration
Employment Based Immigration & Labour Certification
Asylum
Diversity Lottery

Via Family
Preference Categories for Family Immigration.

The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall.

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, who include parents, spouses (husband and wife) and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.  The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences listed below.
Immediate Relative- Husband, Wife, Parent or Child of U.S. citizens
1st Preference- Married Sons/Daughters of U.S. citizens
2nd Preference- Husband, Wife or Child of Lawful Permanent Residents
2nd Preference- Unmarried sons or Daughters of Lawful Permanent Residents.
3rd Preference- married Sons/daughters of U.S. Citizens
4th Preference- Brothers or sisters of U.S Citizens
Removal of Conditional Residence Status

The Visa Bulletin, which is released each month by the U.S. State Department, provides the cutoff dates in each of the categories outlined above.

Eligibility in all cases:

To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:

  • You must have a relative who is a United States citizen or a lawful permanent resident of the United States who can provide documentation proving their status and is willing to sponsor you for lawful permanent residency by filing the I-130, Petition for Alien Relative.
  • Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members. 
  • If your relative is a US Citizen and they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residency, please see below for preference category information.
  • Husband or wife;
  • child under 21 years old;
  • Unmarried son or daughter over 21;
  • Married son or daughter of any age;
  • Brother or sister if you are at least 21 years old; or
  • Parents if you are at least 21 years old.
  • If your relative is a lawful permanent resident and can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence, please see above for preference category information;
  • Husband or wife; or
  • Unmarried son or daughter of any age.

You have the option to consular process at a United States Consulate and emigrate from your country of origin or apply for adjustment of status if you are already in the United States.                         
Consult us to evaluate your case and advice on advantages and disadvantages of Consular Process vs. Adjustment of Status for your specific case.

Via Employment

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.
EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.
EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.
EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the program - those who invest at least 0,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average rate) and those who invest $1000,000 anywhere else. No fewer than 3,000 of the annual allotment of visas must go to targeted employment areas.

Via Others

Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.

Abused Spouse and Children Self-Petitions (VAWA)
Spouses and children of U.S. citizens and permanent residents can file immigrant visa petitions for themselves if they can show that their spouse or parent “battered” them or subject them to “extremely cruelty,” that they are of good moral character, and that they would suffer extreme hardship if they were forced to leave the United States. The abuse may be physical, verbal or psychological.

DV-1 Visas (the "Green Card Lottery")
55,000 visas are annually allotted in a random drawing to individuals from nations underrepresented in the total immigrant pool.
Winners of the DV-1 can either Consular Process from their country or apply to have status adjusted if already in the United States.
Factors that may affect your eligibility for adjustment of status if already in the United States includes overstaying your visa in the United States, being in the United States illegally and certain criminal convictions.  
Other eligibility criteria for the DV-1 can be found on the Department of State website.

 

 

 

 

 


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