Immigrant Visas

Permanent resident status, often referred to as the "green card", permits foreign nationals to live and work in the United States on a permanent basis. It is also the most important prerequisite for obtaining U.S. citizenship, a process known as "naturalization".

There are several bases for obtaining permanent residence. The two most common are:

  • Through close family ties to U.S. citizens or other permanent residents
  • Through employment in the United States based on an offer of employment from a U.S. employer

Visa Categories and Numerical Limits

Most Permanent Resident visa categories are subject to an annual numerical limitation. Within the overall numerical limitation, the visas are organized into groups known as "preferences" and are further allocated by country of origin.

Obtaining a permanent resident visa is generally a two-step process:

  1. The U.S. person (either a family member or employer) files a petition to confirm the relationship with the foreign applicant.
  2. Once the petition is granted, the foreign applicant may apply for an immigrant visa at a U.S. consulate or, if already legally present in the U.S., apply to adjust their immigration status to that of a permanent resident without leaving the country.

Priority Dates and Visa Availability

Many preferences for permanent resident visas are oversubscribed, meaning there are more applicants from a specific country than available visas in a given year. These applicants must wait until a visa becomes available in a future year.

The date on which the initial petition was filed and approved serves as the "priority date" for the foreign national’s place in line. This gives a rough estimate of when a visa will become available.

The U.S. State Department publishes a monthly report on visa availability, known as the Visa Bulletin.

Immediate Relatives of U.S. Citizens

Spouses, minor unmarried children, and parents of U.S. citizens are considered “immediate relatives” and are not subject to the numerical limitations. They can apply for permanent resident status as soon as the petition confirming their relationship has been approved.

Employment-Based Immigration

Employment-based immigration involves using an employment opportunity to enter and stay in the United States legally. Spouses and children of employment-based immigrants may accompany them to the U.S.

Employment-based immigrant visas are divided into five preference groups:

  • EB-1 – Priority Workers: Persons of extraordinary ability (e.g., Nobel Prize winners), outstanding professors and researchers, and certain multinational managers and executives.
  • EB-2 – Advanced Degree Professionals / Exceptional Ability: Professionals holding advanced degrees and subsequent professional experience, or persons of exceptional ability.
  • EB-3 – Skilled Workers, Professionals, and Unskilled Workers
  • EB-4 – Special Immigrants: Includes religious workers, Iraqi and Afghan translators who have served the U.S., Panama Canal Zone employees, and other specialized groups.
  • EB-5 – Immigrant Investors: Applies to investors who invest a minimum of $900,000 in a qualified job-creating U.S. enterprise.

Asylum in the United States

Foreign nationals who enter the U.S. to seek protection from persecution in their home countries may apply for asylum. To qualify, applicants must show they were persecuted in the past or have a reasonable fear of persecution based on one of the following grounds:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Cancellation of Removal and Waivers

In addition to the areas discussed above, legal representation is available for those seeking relief from removal proceedings. Cancellation of Removal is a discretionary form of relief available to individuals in removal proceedings who can demonstrate:

  • A long-term presence in the U.S.
  • Close ties to U.S. citizens or permanent residents
  • Other qualifying requirements

If granted, cancellation of removal allows the applicant to adjust their status to that of a legal permanent resident.

Waivers of Inadmissibility

Foreign nationals who have been found inadmissible to the U.S. due to criminal convictions, lack of good moral character, or prior violations of U.S. immigration law may be denied a visa or have an existing visa canceled or revoked.

Inadmissible individuals may seek a waiver of the ground of inadmissibility. If granted, they may proceed to apply for a new visa to the United States.

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