GREEN CARD - GREENCARD
How Do I Become a Lawful Permanent Resident While in the United States?
Background
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant.
First, the BCIS must approve an immigrant petition for you, usually filed by an employer or relative.
Second, the State Department must give you an immigrant visa number, even if you are already in the United States.
Third, if you are already in the United States, you may apply for Adjustment of Status to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
Important information regarding employment-based Green Card: On July 31, 2002, the Immigration and Naturalization Service (INS) published an interim rule (51K .PDF file) in the Federal Register that allows the filing of the Form I-140 Immigrant Visa Petition concurrently with the Form I-485 Application to Adjust Status to Lawful Permanent Residence. Previously, the Form I-485 could not be filed until the Form I-140 was approved, thus delaying the many benefits associated with the Form I-485 filing. As has always been the case, the Form I-485 cannot be filed until an immigrant visa number is available. This interim rule is meant to alleviate the hardships caused by the delays that can occur between the approval of the Form I-140 petition and the subsequent filing of the Form I-485. Some benefits of this new rule include:
· Acceleration of benefits concomitant with filing an I-485, including availability of employment authorization and travel permission for applicants and their dependants, and possible qualification for "I-485 portability" (see below).
· Opportunity to take advantage of immediately available visa numbers.
· Avoidance of filing H-1B or other nonimmigrant visa extensions.
How does concurrent filing affect the filing for work authorization and advance parole?
Under the new rule, immigrant visa applicants and their spouses, can also seek employment authorization and/or advance parole simultaneously with their concurrent Form I-140 and Form I-485 filing.
Who is eligible to file concurrently?
The interim rule applies to employment-based immigrant petitions under the First, Second and Third Preference categories (Section 203(b)(1),(2), and (3) of the Immigration and Nationality Act). Applicants with pending labor certification applications must await approval of the application by the Department of Labor to benefit from this provision. The following is a list of the types of Form I-140 immigrant petitions which benefit from this new rule:
· Individuals of Extraordinary Ability;
· Outstanding Researchers;
· Multinational Managers and Executives;
· National Interest Waiver candidates (who hold an advanced degree or are of exceptional ability);
· Advanced Degree Professionals with an underlying approved labor certification from their sponsoring employer;
· Professionals holding Bachelor's degree with an underlying approved labor certification from their sponsoring employer;
· Skilled Workers - i.e. are being offered a job that requires at least two years experience, with an underlying approved labor certification from their sponsoring employer;
· Other workers (unskilled labor- and who have an underlying approved labor certification from their sponsoring employer).
When is an immigrant visa petition and adjustment application considered to be concurrently filed?
There are three instances in which an immigrant visa petition (Form I-140) and adjustment of status application (Form I-485) will be considered concurrently filed:
1) Where the Form I-140 and Form I-485 are submitted simultaneously*, which is defined as:
· filed at the same time and mailed to the same Service Center;
· enclosed within the same single mailing envelope;q submitted with the correct filings fees;
· and received on the same day (at the same Service Center).
(*This requires the applicant to have an immigrant visa available).
2) Where a Form I-485 application is to join up with a currently pending Form I-140 petition, provided that -
· a visa number is available;
· the correct filing fee is enclosed;
· there is proof of the proper receipt of the Form I-140 filing receipt (Form I-797, Notice of Action); and
· it is filed at the same Service Center as the Form I-140 petition.
3) Where an applicant is in deportation or removal proceedings before the Immigration Court or has an appeal pending before the Board of Immigration Appeals. In the above instance, the same rules as in #2 above apply except that the filing of the I-485 must be made with the Immigration Court or Board of Immigration Appeals, depending upon which body has jurisdiction over the case.
What Does the Law Say?
The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.
Who is Eligible?
To find out who may apply for permanent residence in the United States, please see eligibility information under the for Work Visa and Family Based Visa sections on this web site. (Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. Our offices can simultaneously process your work permit application while your Adjustment of Status is pending. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you will receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. I f you do not apply for Advance Parole before you leave the country, you will abandon your application with the BCIS and you may not be permitted to return to the United States. Please contact our law office for more information concerning Advance Parole.
WORK VISA
Temporary Work Visa
Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file a Petition for Non-Immigrant Worker. To learn more about temporary work visas, click here.
Permanent Work Visa
An immigrant is a foreign national who is authorized to live and work permanently in the United States as a Lawful Permanent Resident . You must go through a multi-step process to become an immigrant based on employment . The BCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.
On July 31, 2002, the Immigration and Naturalization Service (INS) published an interim rule (51K .PDF file) in the Federal Register that allows the filing of the Form I-140 Immigrant Visa Petition concurrently with the Form I-485 Application to Adjust Status to Lawful Permanent Residence. Previously, the Form I-485 could not be filed until the Form I-140 was approved, thus delaying the many benefits associated with the Form I-485 filing. As has always been the case, the Form I-485 cannot be filed until an immigrant visa number is available. This interim rule is meant to alleviate the hardships caused by the delays that can occur between the approval of the Form I-140 petition and the subsequent filing of the Form I-485. Some benefits of this new rule include:
· Acceleration of benefits concomitant with filing an I-485, including availability of employment authorization and travel permission for applicants and their dependants, and possible qualification for "I-485 portability" (see below).
· Opportunity to take advantage of immediately available visa numbers.
· Avoidance of filing H-1B or other nonimmigrant visa extensions.
How does concurrent filing affect the filing for work authorization and advance parole?
Under the new rule, immigrant visa applicants and their spouses, can also seek employment authorization and/or advance parole simultaneously with their concurrent Form I-140 and Form I-485 filing.
Who is eligible to file concurrently?
The interim rule applies to employment-based immigrant petitions under the First, Second and Third Preference categories (Section 203(b)(1),(2), and (3) of the Immigration and Nationality Act). Applicants with pending labor certification applications must await approval of the application by the Department of Labor to benefit from this provision. The following is a list of the types of Form I-140 immigrant petitions which benefit from this new rule:
· Individuals of Extraordinary Ability;
· Outstanding Researchers;
· Multinational Managers and Executives; · National Interest Waiver candidates (who hold an advanced degree or are of exceptional ability);
· Advanced Degree Professionals with an underlying approved labor certification from their sponsoring employer;
· Professionals holding Bachelor's degree with an underlying approved labor certification from their sponsoring employer;
· Skilled Workers - i.e. are being offered a job that requires at least two years experience, with an underlying approved labor certification from their sponsoring employer;
· Other workers (unskilled labor- and who have an underlying approved labor certification from their sponsoring employer).
When is an immigrant visa petition and adjustment application considered to be concurrently filed?
There are three instances in which an immigrant visa petition (Form I-140) and adjustment of status application (Form I-485) will be considered concurrently filed:
1) Where the Form I-140 and Form I-485 are submitted simultaneously*, which is defined as:
· filed at the same time and mailed to the same Service Center;
· enclosed within the same single mailing envelope;q submitted with the correct filings fees;
· and received on the same day (at the same Service Center).
(*This requires the applicant to have an immigrant visa available).
2) Where a Form I-485 application is to join up with a currently pending Form I-140 petition, provided that -
· a visa number is available;
· the correct filing fee is enclosed;
· there is proof of the proper receipt of the Form I-140 filing receipt (Form I-797, Notice of Action); and
· it is filed at the same Service Center as the Form I-140 petition.
3) Where an applicant is in deportation or removal proceedings before the Immigration Court or has an appeal pending before the Board of Immigration Appeals. In the above instance, the same rules as in #2 above apply except that the filing of the I-485 must be made with the Immigration Court or Board of Immigration Appeals, depending upon which body has jurisdiction over the case.
In most employment categories (See EB-2 and EB-3 eligibility and filing information below), our law firm can complete a Labor Certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.
If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.
What Does the Law Say?
The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.
Who is Eligible for Employment Based Immigration?
There are five categories of employment based immigration:
First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
Fifth Preference (EB-5 Employment Creation) See the menu on this web site entitled " Investment ."
IMMIGRATION THROUGH IINVESTMENT
Overview
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an BCIS-designated "Regional Center."
A "Regional Center" is an entity, organization or agency that has been approved as such by the Service; focuses on a specific geographic area within the United States; and seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs , and increased domestic capital investment.
"Alien investors" must:
a) Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
b) Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
Eligibility
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.
In general, "eligible individuals" include those:
Who establish a new commercial enterprise by:
a) creating an original business;
b) purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
c) expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
d) Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
at least $1,000,000, or at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and whose engagement in a new commercial enterprise will benefit the United States economy and create full-time employment for not fewer than 10 qualified individuals; or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
For a full description of the requirements, see 8 U.S.C. § 1153(b)(5) and 8 C.F.R. § 204.6.
In order to seek status as an immigrant investor, your filing must be supported with documentation which clearly demonstrates that the individual's investment meets all requirements, such as:
a) establishing a new commercial enterprise,
b) investing the requisite capital amount,
c) proving the investment comes from a lawful source of funds,
d) creating the requisite number of jobs,
e) demonstrating that the investor is actively participating in the business; and, where applicable,
f) creating employment within a targeted employment area.
FAMILY-BASED VISA
Overview
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a Lawful Permanent Resident , you must go through a multi-step process.
First , the BCIS must approve an immigrant visa petition for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
Second , the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin .
Third , if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way in which you can apply to secure an immigrant visa number.
* Note: Information concerning the new K (advance admission for the spouse and children of a U.S. citizen) and new V (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant categories is available but not yet incorporated here.
Eligibility
To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:
- You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
- You must prove that you can support your relative at 125% above the mandated poverty line.
- If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
- Husband or wife;
- Unmarried 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
- Parent, if you are at least 21 years old.
If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
- Husband or wife; or
- Unmarried son or daughter of any age.
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 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 they can legally prove you share one of the following relationships, you may be eligible for lawful permanent residence, please see below for preference category information:
- Husband or wife; or
- Unmarried son or daughter of any age.
Immediate Relatives: The spouse, parents and unmarried children under age 21 of a U.S. citizen qualify for Permanent Resident status immediately and are not counted in the U.S. Immigrant Visa Quota System. The U.S. citizen must petition the Bureau of Citizenship & Immigration Services (BCIS) for this Immediate Relative Classification, then the foreign national relative can apply for Permanent Resident status in the United States.
Preference Categories
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, which includes parents, spouses 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 BCIS. 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:
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.
Once BCIS receives your visa petition, it will be approved or denied. BCIS will notify the person who filed the visa petition if the visa petition is approved. BCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you, the foreign national, when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation, or that of your alien relative, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a spouse.
How Can I Check the Status of My Application?
Click on the menu button to the left, labeled "Check Case Status" and enter your file number.
This website was developed as a preliminary tool for individual, immigrant and investor awareness. It is filled with sources of free information. We do not make any claims regarding the accuracy of information found in this website. Additionally, you should not rely on the information provided herein as some of the information may be outdated. You should consult with licensed attorney and other licensed professionals such as accountants and realtors before making any final decision |
