IMMIGRANT
(PERMANENT) VISAS
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:
- Family-based immigration;
- Employment-based immigration;
- Diversity Visa Program;
and
- Asylee or Refugee.
Click on a category above for more information.
FAMILY-BASED IMMIGRATION
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.
Immediate Relatives
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.
Preference Categories
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
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.
EB-1
(Priority Workers)
1. Individuals with extraordinary ability in
the sciences, arts, education, business or athletics;
2. Outstanding professors and researchers;
3. 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
EB-4
Special Immigrants
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.
ASYLUM
OR REFUGEE
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.
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