Family-Based Green Card
A Family Based Green Card is a method of obtaining lawful permanent residency through a relative who is either a citizen of the U.S. or a lawful permanent resident.
Employment-Based Green Card
This is designed to bring highly skilled, specially trained personnel to fill jobs in the U.S. for which American employers cannot find qualified employees.
Green Card Lottery provides 50,000 visas each year for applicants who are drawn from the randomly selected persons from countries with low rates of immigration
Asylum is the protection granted to foreign nationals who feel that they can't return to their native country because they have persecuted based on their race, social status, personal, political or
K-1 Fiance Visa
K-1 visa is a travel document that allows a foreign fiancé of a U.S. citizen to enter the united states to marry the petitioning U.S. citizen sponsor within 90 days of admission to the country.
EB-5 Investor Green Card
The EB-5 program grants two-year conditional visas to individuals seeking permanent residence based on their involvement in a new commercial enterprise.
IMMIGRANT VISA VS ADJUSTMENT OF STATUS
The process of obtaining Permanent Residency depends on a category and whether an individual is outside of the U.S. or in the U.S.
If an applicant is physically present in the United States, he or she can apply for adjustment of status with USCIS to obtain permanent residency. Immediate relatives can file Immigrant Petition and Adjustment of Status Application simultaneously.
If an applicant is outside of the U.S. then he or she should apply for “consular processing” at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.
IMMIGRANT VISA AVAILABILITY
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:
- The spouses of U.S. citizens;
- The children (unmarried and under 21 years of age) of U.S. citizens;
- The parents of U.S. citizens at least 21 years old; and
- Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.
Immigrant visas for the family-sponsored and employment-based immigrant preference categories are numerically limited, so they are not always immediately available.
To distribute the visas among all preference categories, DOS allocates the visas according to a prospective immigrant’s preference category, country of chargeability, and priority date. DOS uses the priority date to determine an immigrant’s place in the visa queue. When the priority date becomes available, or is “current,” immigrants may be able to apply for adjustment of status (or apply for an immigrant visa with DOS if they are outside the U.S.) and obtain lawful permanent resident status, if otherwise eligible.
The monthly DOS Visa Bulletin summarizes the availability of immigrant visas. Visa Bulletin is a guide to see how long a certain relative or employee should await for visa to become available.
GROUNDS OF INADMISSIBILITY
Every applicant applying for adjustment of status or an immigrant visa must prove that he or she is admissible to the United States.
There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. The INA §212(a) identifies a long list of grounds of inadmissibility. If the issue the foreign national faces is not found in INA §212, then it’s not a ground of inadmissibility. Before the issue of admissibility or inadmissibility can be addressed, the applicant must demonstrate that he or she is eligible for visa classification. However, in many situations some waiver is available to the applicant. The grounds of inadmissibility are determined by the particular category under which an individual is immigrating. If an immigrant is inadmissible for any reason listed in INA212(a) she should see if waivers are available. Immediate relatives are not exempted from grounds of inadmissibility under INA 212(a).
When you are seeking to obtain a green card , it is important to consult with an experienced immigration lawyer. We can assist you with all legal matters relating to obtaining green cards process. We are devoted to helping our clients realize the dream of living and working in the U.S.
IMMIGRATION SERVICES IN HIGHEST DEMAND
United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...
An individual may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification through PERM and then file Form I-140...
Green cards may be available to investors and entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. One must invest $1,000,000, or at least $500,000 in a targeted employment area in new commercial enterprise....
A U.S. citizen who intends to marry a foreign national within 90 days of his or her fiancé(e) entering the United States, and both are free to marry, can apply for K-1 fiancé visa. The law requires that the couple met each other, in person...
The H-1B visa classification permits a foreign national to work in the United States for a temporary period. US employer should offer a position of employment that is in a specialty occupation and pay prevailing wage to satisfy H-1B requirement.
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture...
The judge may cancel removal in the case of an individual who is inadmissible or deportable from the United States, if such individual (1) has been an alien lawfully admitted for permanent residence for not less than 5 years...
All grounds of inadmissibility are listed in INA §212, regardless of the fact that individual is otherwise inadmissible, he or she may be admitted into the United States temporarily by the discretion of the Attorney General.
Affidavit of Support, Form I-864, is legally required for many family-based and some employment-based immigrants to show they will have adequate means of support after immigration to the United States. Every petitioner for his or...