a). Immigration through Spousal or Immediate relative sponsorship;
b). Immigration through work-related sponsorship;
c). Immigration through Investment;
d). Political Asylum and Refugee Status;
e). Other categories.
IMMIGRANT VISAS (Green Card/Permanent Residency) AND OBTAINING IMMIGRANT STATUS
“Immigrant” visas are offered to foreign individuals who enter the United States for the purposes of permanently residing therein. Individuals who obtain permanent visas, may continue to reside and be employed in the United States. There are several categories under which a foreign individual may seek permanent residency.
a). IMMIGRATION THROUGH SPOUSAL OR IMMEDIATE RELATIVE SPONSORSHIP:
For a foreign individual to obtain an immigrant visa under this category, he/she must be sponsored by his/her spouse or immediate relative. The sponsorship is initiated when the foreign individual’s spouse or immediate relative files Form I-130 “Petition for Alien Relative” with the United States Citizenship and Immigration Services (“USCIS”). Petition eligibility and processing times depend on the sponsoring spouse’s or immediate relative’s immigrant status in the United States.
United States citizens are eligible to sponsor their spouses, children (married and unmarried), siblings, and parents.
Permanent residents of the United States are eligible to sponsor their spouses and unmarried children.
Additionally, the processing and issuance of the immigrant visa through spousal or immediate relative sponsorship, is subjected to a “preference system”.
- First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
- Second preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
- Third preference: Married sons and daughters of U.S. Citizens.
- Fourth preference: Brothers and sisters of adult U.S. Citizens.
However, United States citizens who sponsor their spouses, unmarried children (under twenty-one) and parents, are not subjected to the “preference system”.
For more information on how to qualify for a Immigrant visa through spousal or immediate relative sponsorship, please contact our experienced attorneys.
b). IMMIGRATON THROUGH WORK-RELATED SPONSORSHIP:
Under this category, a foreign individual may qualify for an immigrant visa if he/she is offered and hired for permanent employment in the United States by a US employer. There are four categories under which a foreign individual may qualify for an immigrant visa:
- EB 1: This is for foreign individuals of extraordinary ability in the education, arts sciences, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
- EB 2: This is for foreign individuals who are members of professions that require advance degrees or for persons with exceptional ability in the arts, sciences, or business.
- EB 3: This is for foreign individuals who are “professionals”, “skilled workers”, and other workers (unskilled).
- EB 4: This is for foreign individuals who are deemed “special immigrants,” such as religious workers, employees of U.S. foreign service posts, alien minors who are wards of courts in the United State, retired employees of international organizations, and other classes of aliens.
For more information on how to qualify for a Immigrant visa through work-related sponsorship, please contact our experienced attorneys.
c). IMMIGRATION THROUGH INVESTMENTS:
For a foreign individual to be eligible for an immigrant visa he/she:
- must invest $1 million or $500,000 (if the investment is made in a targeted employment area);
- must invest this money in a new commercial entity; and,
- the commercial entity must employ at least 10 full-time U.S. workers.
For more information on how to qualify for a Immigrant visa through investments, please contact our experienced attorneys.
d). POLITICAL ASYLUM AND REFUGEE STATUS:
Political Asylum: A foreign individual may be eligible to seek political asylum if he/she:
- meets the definition of “refugee” (for the legal definition of refugee, see section
101(a)(42) of the Immigration and Nationality Act (INA)),
- - is already in the United States,
- - is not permanently residing in a country other than the country where he/she is
- seeking protection from, and
- - applies for asylum within one-year of being admitted to the United States.
NOTE: The individual who is granted of Political Asylum, must apply for permanent residency after one-year from the date of being granted Political Asylum.
Refugee: To be eligible to apply for refugee status, the foreign individual must prove he/she:
- Is located outside of the United States
- Is of special humanitarian concern to the United States
- that he/she/they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country
- Is “admissible” to the United States.
For more information on how to qualify for Political Asylum or Refugee status, please contact our experienced attorneys.
e) OTHER CATEGORIES:
The following are some categories of visas that permit the foreign individual to continue residing within the United States for a certain duration and if eligible, will be able to apply for an immigrant visa.
1. Victims of drug trafficking and other crimes:
The USCIS may provide protection and immigration status to victims of drug trafficking (T visa) and other crimes (U visa) such as: rape, domestic violence, murder, sexual assault. T Visa provides immigration protection to victims of drug trafficking. The U visa provides immigration protection to victims who have suffered substantial mental and physical abuse as a result of a crime. Both T and U visas permits the victim to remain in the United States to assist law enforcement authorities to investigate and prosecute drug traffickers
2. Temporary Protected State (“TPS”):
TPS is a temporary immigration benefit the permits eligible foreign individuals from designated countries (designated by the US Secretary of Sate), who are already in the United States, to continue living in the United States for a limited time.
3. Battered spouse, child, or parent:
A battered spouses, children or parents of United States Citizens and permanent residents, may file for permanent immigrant status under the Violence Against Women Act.
