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Foreign nationals seeking to live and work in the United States on a permanent basis need an immigrant visa. An immigrant visa is commonly referred to as a "green card" or permanent visa.
There are many different ways of obtaining an immigrant visa. The most common are:
Click on a category above for more information.
Certain United States citizens and Lawful Permanent Residents can petition for their family members in order to qualify for lawful permanent resident status. There are two main questions in this area: (1) Which family relationships qualify?, and (2) How long is the immigration process?
Which family relationships qualify?
Not all family relationships qualify for immigrant visa purposes. Generally speaking, there must be a close family relationship between a United States citizen or lawful permanent resident, and the foreign national who is seeking green card status. The United States citizen or lawful permanent resident in these cases is known as the “Petitioner” (the person who is filing the required Petition with the United States Citizenship and Immigration Services (“USCIS”) on behalf of a family member). United States citizens are able to petition for some (but not all) family members. In addition, lawful permanent residents are able to petition for some (but not all) family members. These qualifying family relationships are set forth below.
How long is the immigration process?
Depending on the exact family relationship, there may be a wait between the time the petition is approved by USCIS and when the qualifying family member (known as the “Beneficiary”) can file for his or her immigrant visa or green card. A Beneficiary who is not required to wait is known as an “Immediate Relative” beneficiary. A Beneficiary who is required to wait before being eligible to file an immigrant visa or green card is known as a “Preference Category” beneficiary. In either case, the Beneficiary (even Immediate Relatives) must always be certain that he or she meets all of the requirements for filing for the immigrant visa before doing so.
This includes the spouse, parent or unmarried child under the age of 21 of a United States Citizen. Immigrant Visa Numbers are immediately available to Immediate Relatives. As a result, being designated as an immediate relative will allow the spouse, parent or unmarried child under the age of 21 to process the green card without the normal wait associated with the Preference Categories as described below.
Immediate relatives in the United States can file a one-stop Adjustment of Status application package with the local U.S. Citizenship & Immigration Service (USCIS) office having jurisdiction over the place of residence. In other words, the Form I-130 Petition (which is filed by the United States Citizen on behalf of his spouse, parent or unmarried child under the age of 21) can be filed at the local USCIS office along with the Form I-485 green card application. There is no need to have an approved I-130 prior to filing the I-485 green card application.
Immediate relatives outside of the United States must first have a Form I-130 Petition approved on their behalf. Once the Form I-130 Petition is approved, it is sent to the National Visa Center in Portsmouth, New Hampshire to start the Immigrant Visa process through a procedure known as Consular Processing. The National Visa Center will request additional documentation from the U.S. Citizen and their immediate relative. Once received and reviewed by the National Visa Center, the case is then sent to the Consulate designated on the approved Form I-130 Petition. At that point, the designated Consulate will notify the immediate relative of any additional documentation requirements and the need for a personal interview. Assuming all of these factors are met and the immediate relative is considered "admissible" to the United States, an Immigrant Visa will be issued to the immediate relative. Generally the immediate relative must enter the United States based on the approved Immigrant Visa within six months of the issuance of the visa. Upon admission to the United States, the immediate relative will become a Lawful Permanent Resident of the United States.
If an individual is a relative of a United States Citizen or Lawful Permanent Resident, but is not an immediate relative (as explained above), he or she may still be eligible for a family-based immigrant visa. These individuals are classified under a particular Preference Category depending on their family relationship to the U.S. Citizen or Lawful Permanent Resident who files the Form I-130 Petition on their behalf.
As noted above, a United States Citizen can file an immigrant petition on behalf of a spouse, parent or unmarried child under the age of 21 for classification as an immediate relative. In addition, a United States Citizen can file an immigrant petition on behalf of the following individuals:
1st Preference: Unmarried sons or daughters over the age of 21;
3rd Preference: Married sons or daughters over the age of 21; and
4th Preference: Brothers and sisters.
A Lawful Permanent Resident of the United States can file an immigrant petition on behalf of the following individuals:
2A Preference: Spouses and Unmarried sons or daughters under the age of 21; and
2B Preference: Unmarried sons or daughters over the age of 21.
The Immigration and Nationality Act (INA) limits the annual number of Immigrant Visas available to the relatives of United States Citizens and Lawful Permanent Residents who are not classified as "Immediate Relatives" (as explained above). The available Immigrant Visa numbers are divided among the Preference Categories outlined above, and are then assigned to individuals within the category based on a "first come, first served" basis dependant upon the filing date of the Form I-130 (known as the Form's "priority date"). Because of the limited availability of Immigrant Visa numbers, there is currently a backlog of individuals with I-130 Petitions, both approved and pending, awaiting Immigrant Visa numbers. A backlog means that the individual must wait for an Immigrant Visa number to become available in the family-based category under which he or she will file for the green card. Every month, the Department of State releases a "Visa Bulletin" which informs the public as to a cut-off date for each Preference Category. Individuals who have priority dates earlier than the cut-off dates listed on the Visa Bulletin may be alloted an Immigrant Visa number. To view the current Visa Bulletin, click here.
Employment-based immigration is typically broken down into five (5) main categories (listed below). Each employment-based (EB) category has different sub-categories with special requirements and filing procedures. There are a limited number of visas which are allotted on an annual basis to each employment-based category. At various times, there are backlogs in certain employment-based immigration categories. A backlog means that the individual must wait for an Immigrant Visa number to become available in the employment-based category under which he or she will file for the green card. Every month, the Department of State releases a "Visa Bulletin" which informs the public as to a cut-off date for each Preference Category. Individuals who have priority dates earlier than the cut-off dates listed on the Visa Bulletin may be allotted an Immigrant Visa number. To view the current Visa Bulletin, click here.
Below is a list of the five (5) employment-based (EB) categories. Detailed information can be found by clicking on the category of your choice.
- Individuals with extraordinary ability in the sciences, arts, education, business or athletics;
- Outstanding professors and researchers;
- Certain multinational executives and managers.
EB-2 (Professionals with advanced degrees or foreign nationals with exceptional ability)
1. Individuals with exceptional ability in the sciences, arts or business
2. Professionals with advanced degrees
3. Physicians intending to practice medicine in underserved areas
EB-3 Skilled or professional workers
1. Professionals with bachelor's or equivalent degrees
2. Skilled workers with at least two years experience
3. Unskilled workers
1. Religious workers
2. Employees and former employees of the U.S. Government abroad
EB-5 Immigrant Investors
DIVERSITY IMMIGRANT VISA PROGRAM
The Diversity Immigrant Visa Program is a program administered by the Department of State which provides a means of obtaining an immigrant visa.
The purpose of the DV Program is to encourage immigration in certain regions and countries of the world where typically there is a low level of legal immigration. Interested applicants must first determine which regions and countries are considered eligible for the DV application process. In short, they must be born in or chargeable to a low-admission country.
The U.S. immigration system allocates 50,000 DV visas per fiscal year on a lottery-style basis. The fiscal year runs from October 1 of the current year to September 30 of the following year. Successful DV applicants (who are otherwise eligible) have the opportunity to file for an immigrant visa which may lead to an immigrant visa (commonly known as the “green card”). However, the immigrant visa (‘green card”) must be obtained during the fiscal year in which the lottery was won. Winners of the DV lottery must process their immigrant visa case and obtain the immigrant visa (“green card”) during that same fiscal year. In other words, just winning the DV lottery is the first hurdle. The next hurdle is processing the immigrant visa case in a timely manner since it cannot be carried over to another fiscal year. In recent years, there have been numerous cases where an individual wins the DV lottery but then is delayed in completing the immigrant visa process due to fingerprint or security clearances. Once the fiscal year ends, the chance of obtaining a green card through a successful DV application also ends.
The statutory basis for the DV program is found at Section 203(c) of the Immigration and Nationality Act (INA). The Department of State’s implementing regulations are found at 22 C.F.R. Section 42.33. These regulations set forth the requirements and basis procedures for the DV program.
The process of obtaining a DV visa begins by completing a DV visa application through the rules and regulations set forth by the Department of State. Currently, all DV application must be filed online via the Internet. Of the applications received by the Department of State, approximately 110,000 applicants are notified by the Department of State that they have been selected under the DV program. However, in light of the fact that only 55,000 visas are allocated on a fiscal year basis and approximately 110,000 applicants usually are selected by the Department of State, simply being selected does not mean that an individual will obtain a DV visa and thus ultimately receive an immigrant visa or “green card”.
To determine your eligibility and to view the instructions for the 2006 Diversity Immigrant Visa Program (DV-2006), please click here.
Individuals that have held refugee or asylum status for at least one year may be eligible to adjust their status to that of lawful permanent resident. Such individuals should apply for lawful permanent residency on Form I-485, application to Register Permanent Residence of Adjust Status. For additional information on filing requirements, please click here.