Immigrant Green Cards

Initially, those who immigrate to the United States are granted "permanent residence" status. In most cases a permanent resident may only apply to become a United States Citizen five years after becoming a permanent resident. Permanent residents must comply with U.S. laws during their stay and their residence may be revoked under certain circumstances, exposing them to deportation.

Generally, there must be a basis to legally immigrate to the United States. There are five general basis or methods for immigrating to the United States, listed below. However, you should be aware that there are many strategic determinations to be considered when deciding what is the best basis or method for immigrating to the United States.

1. FAMILY BASED IMMIGRATION is one of the most common ways to immigrate to the United States. This form of immigration is used where a member of your family is a United States citizen or permanent resident.

2. EMPLOYMENT BASED IMMIGRATION is another common avenue to immigrate to the United States. This form of permanent residence is based upon sponsorship by an employer, a church or even by sponsoring yourself (this last option is only available in special cases).

3. INVESTMENT BASED IMMIGRATION is another way to immigrate to the United States based upon investment in an enterprise located in the United States.

4. ASYLUM/REFUGEE STATUS is available to those with a well-founded fear of persecution based upon race, religion, membership in a particular social group or political opinion.

5. OTHER WAYS TO IMMIGRATE exist for juveniles, government workers, such as the annual visa "lottery" or diversity-based immigration.

GREEN CARD LOTTERY

Apart from minimal requirements such as country of birth and education or work experience, there are no other prerequisites for applying for the lottery.

The US Department of State holds the Green Card Lottery annually to all individuals who otherwise might not qualify to apply for immigrant visas

For more information regarding the visa diversity oк lottery program and how I can assist you in applying, click here.

FAMILY-BASED Immigration

"Immediate Relatives" of U.S. Citizens Intending immigrants can qualify for permanent residence as immediate relatives of U.S. Citizens if they are:

the spouse of a U.S. citizen;

the minor child (under 21) of a U.S. citizen;

the parent of a U.S. citizen who is at least 21 years old; or

the spouse of a deceased U.S. citizen and who was married to the U.S. citizen for at least two years prior to the time the U.S. citizen died.

THE FAMILY PREFERENCES CATEGORIES

A. The First Preference includes all unmarried sons or daughters of U.S. citizens, including sons and daughters over 21 years of age.

B. The Second Preference includes:

The spouse or child (unmarried and under 21) of an alien lawfully admitted for permanent residence; and

The unmarried sons or daughters (21 or over) of immigrants lawfully admitted for permanent residence.

C. The Third Preference includes married sons or daughters of U.S. citizens.

D. The Fourth Preference includes the brothers or sisters of U.S. citizens, if the citizen is at least 21 years old.

One Option for Immigration to the US is the K Visas--for Fiancé(e)s of US Citizens

K visas are available for fiancé(e)s of US Citizens who will be married within 90 days of arrival in the United States. The requirements for obtaining K visa at a US Embassy or Consulate are very similar to the procedure involved in obtaining immigrant visas based on marriage. K visa holders have automatic work authorization upon arrival in the U.S.

My office handles K visas as well as subsequent family-based application packets when your fiancé(e) arrives with an overall lower combined package fee.

Employment-Based Immigration

1st PREFERENCE IMMIGRANTS do not need a labor certification. They include:

Immigrants With Extraordinary Ability;

Outstanding Professors And Researchers;

Multinational Executives And Managers.

2nd PREFERENCE IMMIGRANTS need a labor certification, except in certain circumstances. They include:

Advanced Degree Professionals

Immigrants With "Exceptional Ability"

Second Preference immigrants who do not need a Labor Certification include Immigrants in the "National Interest" and Immigrants In Pre-Certified Jobs.

3rd PREFERENCE IMMIGRANTS always need a labor certification. They include:

Skilled Workers, Professional Workers and Unskilled or "Other" Workers.

4th PREFERENCE IMMIGRANTS do not need a labor certification. They include traditional religious workers such as priests, rabbis, ministers, cantors, nuns and monks, as well as professionals working for religious organizations.

5th PREFERENCE IMMIGRANTS are immigrant investors.

ASYLUM is a special method by which a foreigner may remain in the US if he has suffered past persecution or has a well-founded fear of future prosecution in his home country.

This program also allows applicants entered the United States illegally to apply for asylum with the immigration service. This includes illegal immigrants caught at the border and placed in deportation or exclusion proceedings. However, applicants already in deportation or exclusion proceedings do not have the opportunity to present their cases to the INS, but may present their claim to an immigration judge at an asylum trial.

If you think you may be eligible, you should contact my office to schedule a consultation. I can give you more detailed information at that that time.