LAWFUL
PERMANENT RESIDENCY
(GREEN CARD)
Family-based
/ Immediate Relative Petitions
Self-Petitions by Battered
or Abused Spouses and Children (VAWA)
Employment Based Immigration
and Labor Certification
Diversity Lottery
FAMILY-BASED / IMMEDIATE
RELATIVE PETITIONS
A U.S. citizen or LPR may petition for his or her children (under
21 years), spouse and parents. Once the I-130 Immediate Relative
petition is approved, the relative may adjust status to become a
legal permanent resident. A spouse or child who is subjected to
extreme cruelty or battery may self-petition.
Back to top
SELF-PETITIONS BY BATTERED
OR ABUSED SPOUSES AND CHILDREN (VAWA)
Spouses and children of U.S. citizens and permanent residents
can file immigrant visa petitions for themselves if they can show
that their spouse or parent “battered” them or subject them to “extremely
cruelty,” that they are of good moral character, and that they would
suffer extreme hardship if they were forced to leave the United
States. The abuse may be physical, verbal or psychological.
Back to top
EMPLOYMENT BASED
IMMIGRATION AND LABOR CERTIFICATION
Employment based
immigration (with the exception of special immigrants, persons of
extraordinary ability, national interest waivers, and investors)
requires the employer or prospective employer to submit a petition.
The employer must demonstrate that it has the financial ability
to pay the wage offered and that the employee beneficiary meets
the minimum requirements to perform the job satisfactorily. In certain
cases (Second and Third Preference), the employer is required to
obtain a Labor Certification indicating that not sufficient U.S.
workers are able, willing and qualified to perform the job and that
the applicant’s employment will not adversely affect the wages and
working conditions of U.S. workers. The Labor Certification process
is now handled through Program Electronic Review Management (PERM).
The First Preference is for priority workers including persons of
ability, outstanding professors and researchers, and multinational
executives and managers. The Second Preference is for members of
the professions holding advanced degrees or persons of exceptional
ability. The Third Preference is for skilled workers, professionals
and other workers. The Fourth Preferences provides for special immigrants
including religious workers, court dependents, returning residents
and others. The Fifth Preference is an investor provision, which
grants residency to persons who invest significant funds in the
U.S. ($1,000,000 or under certain circumstances $500,000) and hire
U.S. workers as employees.
Back to top
DIVERSITY LOTTERY
55,000 visas are available each year through the Diversity Lottery.
To be eligible for a diversity visa, an applicant must have either
a high school diploma or its equivalent, or at least 2 years of
work experience in an occupation requiring at least 2 years’ training
or experience. The visa must be obtained within the fiscal year
that the alien applied.
Back to top
Disclaimer:
The information you obtain at this site is not, nor is it
intended to be, legal advice. You should consult an attorney for
advice regarding your individual situation. We invite you to contact
us and welcome your calls, letters and electronic mail. Contacting
us does not create an attorney-client relationship. Please do not
send any confidential information to us until such time as an attorney-client
relationship has been established.
