An application for lawful permanent residence in the United States is commonly known as a green card. Holders of a green card have official immigration status and are now regarded as permanent residents of the country. They are allowed to live and work in the country permanently. If you want to apply for a green card be aware it is a complex process and must be handled properly to ensure the best chance of success. Remember too, that only certain individuals are issued with green cards and this is based on their individual circumstances. If you have decided to apply for a green card, you first need to establish your eligibility.
Immigration to the United States can take many forms and may include:
* Immigration through a family member.
* Immigration through employment.
* Immigration through investment.
* Immigration through the Legal Immigration Family Equity Act (LIFE).
* Adjusting to lawful permanent residence status as an asylee or refugee.
* Immigration through the Diversity Lottery.
* Immigration through international adoption
* Violence Against Women Act (VAWA).
* Immigration through “The Registry” Provision of the Immigration and Nationality Act
* Immigration as a “Special Immigrant”
* Immigration through Country-Specific Adjustment
This article deals primarily with immigration and a green card through a family member and by means of employment opportunities.
Immigration Through a Family Member
If you have a family member who is a United States citizen or a lawful permanent resident and you want to apply for a green card you will need to follow a multi-step process.
1. The United States Citizenship and Immigration Services (USCIS) must first approve an immigrant visa petition. This petition is called an I-130 Petition for Alien Relative. The petition must be filed by your relative and must show proof of how you are related to them.
2. Next, the Department of State will determine if an immigrant visa number is available to you even if you are already in the United States. In the case where a number becomes available immediately you can apply to have a number assigned to you. You can check the status of your visa number in the Department of State’s Visa Bulletin.
3. If you are in the United States you can now apply to change your status to that of a lawful permanent resident after a visa number becomes available. In so doing you can secure an immigrant visa number.
If you are not in the United States when an immigrant visa number becomes available you will need to visit the U.S. consulate in your area to complete the process.
4. The new ‘K’ or advance admission for the spouse and children of a United States Citizen and new ‘V;’ (advance admission for the spouse and the minor children of a permanent lawful resident) non-immigration category is now available but not detailed here. Consult the updates at the USCIS websites for additional information on the Family Equity (LIFE) Act.
Are You Eligible for a Green Card?
In order to sponsor a family member for immigration you will need to fulfill the following criteria:
1. You need to be either a citizen or permanent legal resident of the United States and provide the legal documentation as proof when you apply for a green card.
2. You have to be able to prove that you can support the relative at 125% above the mandated poverty line.
3. Where you are a United States citizen you can petition for the following relatives when you apply for a green card:
* 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
* Parent, if you are at least 21 years old
4. Where you are a lawful permanent resident you may petition for the following relatives when you apply for a green card:
* Husband or wife; or
* Unmarried son or daughter of any age.
Immigration through Employment
If you want to apply for a green card based on the fact that you have obtained a permanent employment opportunity in the United States or if you are an employer wishes to sponsor somebody for lawful permanent residency you need to do the following:
* Foreign nationals and employers need to determine if the person is eligible for lawful permanent residency under one of CIS paths to lawful permanent residency.
* The majority of job categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the employee and submits it to the Department of Labor’s Employment and Training Administration, who either grant or deny the certification request. Qualified alien physicians who intend to work in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
* USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer who wants to bring the applicant to the United States must file this petition. If a Department of Labor certification is needed, it can only be filed after the certification is granted. An employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work permanently in the United States.
* The State Department must issue an immigrant visa number, even if the applicant is already in the United States when you apply for a green card.
* Where the applicant is already in the United States, he or she must apply to adjust to permanent resident status i.e. after a visa number becomes available. Where the individual is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
Are You Eligible to Apply for a Green Card?
Five categories exist for granting permanent residence to foreign national based on their employment skills.
EB-1 Priority workers
* Foreign nationals who have extraordinary ability in the sciences, arts, education, business or athletics
* Foreign nationals who are outstanding professors or researchers
* Foreign nationals who are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
* Foreign nationals with exceptional ability in the sciences, arts or business
* Foreign nationals who are advanced degree professionals
* Qualified alien physicians who intend to practice medicine in an area of the U.S. which is underserved.
EB-3 Skilled or professional workers
* Foreign national professionals who hold bachelor’s degrees (not qualifying for a higher preference category)
* Foreign national skilled workers (minimum two years training and experience)
* Foreign national unskilled workers
EB-4 Special Immigrants
* Foreign national religious workers
* Employees and former employees of the U.S. Government abroad
EB-5 Immigrant Investors
How to Apply for a Green Card for an Employee
If you want to sponsor an employee to live and work in the United States you need to submit the form I-140 Petition for Alien Worker at the USCIS office that services the area in which the foreign national intends to work.
For complete information on how to apply for a green card visit the United States Citizenship and Immigration Services website at: www.http://uscis.gov. Remember those who apply for a green card must go through the proper channels and be patient as their applications are processed. However once the legal issues are worked out, a brand new future awaits!