Individuals may
obtain lawful permanent resident status through a number of avenues available
under the immigration laws. Listed below are some common methods of
obtaining permanent resident status.
*Family Sponsored;
*Employment Sponsored;
*Investment;
*Religious (Special Immigrants);
*Diversity Immigrant Visa Program (Visa Lottery);
*Refugees and
Asylees;
*Cancellation of Removal (formerly Suspension of
Deportation).
1. Family Sponsored:
The majority of persons who qualify for permanent
resident status are petitioned for by immediate family-related US citizens
or lawful permanent residents.
A citizen of the United States may petition for their
spouse, children (minor or adult), parents, and brothers or sisters
(married or unmarried). A lawful permanent resident of the United States
may petition for their spouse, minor children, and unmarried adult child (ren).
Widows and widowers of United States citizens married at least two years
at the time of their spouse’s death may qualify for permanent resident
status.
2. Employment Sponsored:
Certain individuals may qualify for lawful permanent
resident status based upon an employment based immigration categories.
Employment Based First Preference : consists of the
following categories:
a) Persons of Extraordinary Ability
in sciences, arts, education, business or athletics;
b) Outstanding Professors and
Researchers;
c) Multinational Executives and
Managers.
Employment Based Second Preference: consists of the
following categories-
a) Professionals Holding Advanced
Degrees;
b) Aliens of Exceptional
Ability in Arts, Sciences, Education,
Business or Athletics.
Employment Based Third Preference: consists of the
following categories –
a) Skilled Workers (to qualify as
a skilled worker, the occupation must require at least two years of training or experience);
b) Professionals;
c) Other Workers (also referred
to unskilled workers).
3.
Investment:
Employment Based Fourth Preference:
Individuals seeking to enter the United States to engage
in a new commercial enterprise/investment. Generally speaking, an
investing alien must establish and be entering the US for the purpose of
engaging in a new commercial enterprise. To qualify presently, an
investment of a minimum of one million dollars (five hundred thousand
dollars) for designated
targeted employment areas of each state). This category requires the
creation of ten full time jobs.
4. Special Immigrants (Religious):
a) Ministers;
b) Religious
Professionals;
c) Other Religious
Workers.
5.
Diversity Immigrant Visa
Program (Lottery):
The Divesity Immigrant Visa Program, commonly referred
to as the "visa lottery", makes available 55,000 permanent
resident visas each year to individuals meeting the eligibility
requirements. Applicants are chosen at random (computer generated drawing)
from certain designed countries. The diversity visas are intended to
provide immigration visas for individuals from countries other than main
source countries of immigration for the United States for a particular
year. Therefore, the list of countries that qualify for diversity program
are subject to change from year to year.
6.
Refugees and
Asylees:
Refugees are individual who are outside of the United
States, whereas Asylees are physically present within the United States,
who must demonstrate [past] persecution or a well- founded fear of persecution
on account of race, religion, nationality, membership in a particular
social group, or political opinion. Once granted status as refugee
or asylee, one may subsequently apply for permanent resident status.
7.
Cancellation of
Removal (formerly Suspension of Deportation):
An individual who in the United States and in a Removal
Proceeding (Deportation) may be eligible for cancellation of removal and
subsequently for permanent residence. The Immigration Judge may grant cancellation of removal to an individual who has been
physically present in the
United States for a continuous period of not less than ten years
immediately preceding the date of such application; is a person of good moral
character during such period; has not been convicted of certain offenses; and can
establish that removal would result in exceptional and extreme unusual
hardship to the alien's spouse, parent, or child, who is a citizen of the
United States or an alien lawfully admitted for permanent residence.