Los Angeles Green Card Lawyer
Green card holders are known as Legal Permanent Residents, or LPRs. There are three primary pathways to obtain a green card: through a family member, through an employer, and through the Diversity Visa Lottery program. Victims of violence, foreign nationals of extraordinary ability, and investors may also obtain a green card.
Family Sponsorship
Sponsorship of a family member requires the sponsor to file a petition. If approved, this petition will permit the beneficiary to apply for a green card. Legal Permanent Residents may sponsor their spouses, children who are under 21 years of age, and older children if they are unmarried. U.S. citizens may sponsor their spouses, children of any age and marital status, parents, and siblings. A priority date will be assigned to each petition. The priority date is the date on which the petition is filed. An applicant may not file his or her green card application until this priority date becomes current. Priority dates are current when the date, or a date thereafter, appears in the Department of State Visa Bulletin, found at travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.
Immediate relatives do not have to wait for their priority date to become current. They may file for their green card concurrently with the petition, even thought the petition has not yet been approved. Typically, the applicant will receive a work permit within ninety days of filing their green card application. Immediate relatives are only a U.S. citizen’s spouse, children and parents if the U.S. citizen is 21 years or older.
245(i)
245(i) is a section of law under the Immigration and Nationality Act which provides for forgiveness for having entered the U.S. illegally, such as crossing the border undetected. Most individuals who entered illegally are not eligible for a green card unless they are protected under INA § 245(i). Protected individuals include those who are the beneficiary of a labor certification or family petition filed on or before April 30, 2001. Individuals whose spouses or parents were such beneficiaries may also qualify under 245(i). Green card applications made under this section of law require the applicant to pay a penalty fee of $1,000.00.
Visa Lottery
Green cards may be obtained by “winners” of the visa lottery. Each year, the U.S. Department of State permits nationals of certain designated countries to apply for these visas. Designated countries and information about this program may be found on the Department of State website at www.travel.state.gov/visa/immigrants/types/types_1322.html. It is important to note that if the applicant is present in the U.S. he or she must be in valid legal status in order to qualify for a visa under this program. Those out of status are not eligible.
Employment-Based Green Cards
Permanent status, or a green card, may be obtained through employer sponsorship. With few exceptions, if an individual has maintained continuous lawful status in the U.S., their employer may sponsor them for a green card. Individuals may also apply for green cards from abroad. There are five preference categories with separate requirements for each, as listed below. Each of these categories are listed on the Department of State’s visa bulletin, and the priority date must be current at the time of the green card application.
1st Preference Category: Priority Workers
The priority workers category contains three subgroups: aliens of extraordinary ability, outstanding professors and researchers, and multinational executives and managers. None of these subgroups are subject to labor certification, know as PERM.
2nd Preference Category: Professionals
This category contains two subgroups: professionals holding advanced degrees and aliens of exceptional ability. Generally, an applicant in either subgroup must have an approved PERM application. PERM is a process by which the Department of Labor certifies that there are no U.S. workers able or willing to accept the position sought. If the PERM application is approved, the employer must file an I-140 petition on behalf of the foreign national. If approved, USCIS will then adjudicate the foreign national’s green card application.
Some foreign nationals in this category are not subject to PERM, including those who have an approved national interest waiver.
3rd Preference Category: Skilled Workers and Professionals with Bachelor’s Degrees
Labor certification, or PERM, is required for this category. There are three subgroups: professionals who possess a bachelor’s degree, “skilled workers” who have at least two years of training or work experience in their field, and “other workers” with less than two years of training and work experience. While the skill and level of achievement requirements are lower for this preference category, the wait time for priority dates to become current are typically far longer than the other preference categories.
4th Preference Category: Religious Workers and Other Special Immigrants
Most applicants under this category are religious workers who have at least two years of continuous work experience in their field. Applicants under this category may receive a green card, unlike the R Visa for religious workers which is only a temporary work visa.
5th Preference Category: Investors
Some individuals may be eligible for a green card should they invest in the U.S. economy. Conditional residency may be initially granted to a foreign national who invests $1,000,000 in a new commercial enterprise in the U.S. Investments of $500,000 are permitted if the investment is made in a targeted employment area, generally a rural area or an area of high unemployment. The enterprise must eventually employ ten individuals in full-time positions.
FAQs
My employer has agreed to sponsor me for my green card. I entered the U.S. illegally many years ago and I have never had legal status before. How can I obtain my green card?
You are not eligible to obtain a green card through a U.S. employer unless you are covered under INA § 245(i). See the above explanation about benefits under this law.
Can I be deported after I obtain a green card?
Yes. For example, the commission of certain crimes may render you deportable. An immigration judge will make this determination. Many individuals who are incarcerated following convictions are then turned over to U.S. Immigration and Customs Enforcement under an “immigration hold.” They are then held under the custody of ICE until they can request bond from an immigration judge. Whether granted bond or not, they will face proceedings and a judge will determine whether they can keep their green card status or whether they will lose their status and be deported.
Can I obtain a green card if I invest $100,000.00 in a new business in the U.S.?
No. The minimum investment necessary to obtain a green card is $500,000.00. However, you may be eligible to apply for an E visa. While this is a temporary work visa, it may be renewed indefinitely.
My tourist visa expired two years ago, but I am eligible to apply for a diversity visa under the lottery program. Am I eligible to do this from the U.S.?
You will most likely have to leave the country in order to apply for this visa. Note that once you have been in the U.S. for more than one year without legal status, departure from the U.S. will result in a penalty known as the ten-year bar by which you will not be permitted to reenter the U.S. for ten years unless a waiver is granted.
I entered the U.S. illegally in 1999. My employer filed a labor certification for me on April 30, 2001. This labor certification application was true and legitimate, but it was never approved because my employer went out of business. Can I obtain a green card through a new employer?
Yes. You are covered under INA § 245(i). Depending on your educational background and qualifications, you may need to first file a PERM application followed by a petition and green card application. See the above explanation of this process.
I am married to a U.S. citizen. I entered the U.S. illegally in 2004. Nothing has ever been filed on my behalf. My wife filed a petition for me and I filed for a green card with USCIS. Will my green card be approved?
No. You are not eligible to receive a green card due to the fact that you entered illegally. USCIS will deny your application and refer you to immigration court. You are eligible to consular process, the process by which you leave the country and apply for a permanent visa through a U.S. consulate abroad. Note that if you depart the U.S., you will be subject to the ten-year bar.
I have three U.S. citizen children and I have lived in the U.S. for more than ten years without legal status. Am I eligible for a green card without having to leave the U.S.? No one has ever filed anything on my behalf.
If you are placed into removal court proceedings, you will be eligible to apply for Non-Legal Permanent Resident Cancellation of Removal. You may not apply for this form of relief unless you are in court proceedings.
I entered the U.S. illegally and have been here since 1993. My U.S. citizen sister filed a petition for me on April 30, 2001. I have a U.S. citizen child who is 20 years old. How can I obtain my green card?
You are eligible to obtain a green card because your sister’s petition renders you protected under INA § 245(i). However, you cannot use this petition at this time because the priority date is not current. Your child may petition you when she turns 21. You will not have to wait for this priority date to become current, and you will be able to file your petition and green card application at the same time.
The information contained on this page is for general informational purposes only and is not to be construed as legal advice.
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