Family Sponsored Immigration
U.S. citizens may petition for their spouses, parents, children, and siblings, while permanent residents may petition for their spouses and children.
If the beneficiaries are in the U.S. when the priority date becomes current, they are eligible to apply for “Adjustment of Status”, or the Green Card. If they are overseas or not eligible to adjust their status in the U.S., they may obtain their Green Card through the American Consulate abroad called “Consular Processing.”
For applicants who have previously had immigration violations, they may need to apply for an I-601 or I-212 waiver.
EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers
Individuals in this category can petition for permanent residency without having to go through the labor certification process if they can document their extraordinary abilities.
EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business (National Interest Waiver)
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process with eh Department of Labor. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker.
In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived.
EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.
EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.
EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals. There are two groups of investors under the program:
– Those who invest at least 500,000 in “targeted employment areas” (rural areas or areas experiencing high unemployment of at least 150% of the national average rate)
-Those who invest 1,000,000 anywhere else.
DV-1 Visas (the “Green Card Lottery”)
55,000 visas are annually allotted in a random drawing to individuals from nations underrepresented in the total immigrant pool.
Green Card Renewal
Under the federal Violence Against Women Act (VAWA), persons may be eligible to become a lawful permanent resident (get a Green Card) if they are the victim of battery or extreme cruelty committed by a U.S. citizen spouse or former spouse (divorced within 2 years of case filing); a U.S. citizen parent; a U.S. citizen son or daughter; a lawful permanent resident (LPR) spouse or former spouse; or an LPR parent.