PERMANENT
RESIDENCY An alien admitted to the
United States as a lawful permanent resident aka Green Card holder, who is accorded
the privilege of residing permanently in the United States. As proof of that
status, a person is granted a permanent resident card, commonly called a
"Green Card." The Immigration and Nationality
Act (INA) broadly defines an immigrant
as any alien in the United States (except those admitted under specific nonimmigrant categories, INA section
101(a)(15)). An alien who entered the United States
without inspection and proper documentation would be strictly defined as an
immigrant under the INA.
Therefore, both a lawful permanent resident and an undocumented alien are
immigrants under the INA. They may be issued
immigrant visas by the Department of State overseas or adjusted to permanent
resident status by U.S. Citizenship and Immigration Services in the United
States. A Permanent Resident enjoys
most of the rights of a United States citizen according to the immigration
law and regulations, such as: ·
Live permanently in the United States provided,
with possible deportation for any deportable actions under the immigration
law (section 237, Immigration and Nationality Act) ·
Employable in the United States at any work,
except those jobs limited to United States citizens because of security
concerns. ·
Protection under the laws of the United States, state
of residence and local jurisdictions. ·
Vote in local elections where United States
citizenship is not required. Individuals who want
to become immigrants (permanent residents) through their qualified family
member, a job offer or employment, or a special category will generally be
classified in categories based on a preference system. Except for immediate
relatives of a U.S. citizen who are given the highest immigration priority
and a few other exceptions, Congress has set a finite number of visas that
can be used each year for each category of immigrants. The steps to becoming
a Green Card holder (permanent resident) vary by category and depend on
whether you currently live inside or outside the United States. The main categories
are: ·
Green Card
Through Family: Many people get Green Cards (become permanent
residents) through family members. You may be eligible to get a
Green Card as an immediate relative of a
U.S. citizen, this includes spouses, unmarried
children under the age of 21, and parents of U.S. citizen
petitioners 21 or older a family member of a U.S.
citizen fitting into a preference category, this
includes unmarried sons or daughters over the age of 21, married children of
any age, and brothers and sisters of U.S. citizen petitioners 21 or
older a family member of a green
card holder, this includes spouses and unmarried children
of the sponsoring green card holder a member of a special category, this
can include battered
spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat
in the United States, a V nonimmigrant or a widow(er)
of a U.S. Citizen ·
Green Card
Through a Job: The main ways to immigrate based on a job offer or
employment are listed below: Green
Card Through a Job Offer: You 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 and then file a
Form I-140, Immigrant Petition for Alien Worker, for you. Green
Card Through Investment: Green cards may be available to
investors/entrepreneurs who are making an investment in an enterprise that
creates new U.S. jobs. Green
Card Through Self Petition: Some immigrant categories allow you to file for
yourself (“self-petition”). This option is available for either “Aliens of
Extraordinary Ability” or certain individuals granted a National Interest
Waiver. Green
Card Through Special Categories of Jobs: There are a number of specialized
jobs that may allow you to get a green card based on a past or current job ·
Green Card
Through Refugee or Asylee Status: Refugees
and asylees can apply for a green card, after 1 year
after being admitted to the United States. ·
Other Ways to
Get a Green Card: a Green
Card (permanent residence) can be obtained such as the: Diversity Immigrant Visa Program
(referred to by many as the 'Green Card Lottery') K Nonimmigrant (includes fiancé(e)) Legal Immigration Family Equity
(LIFE) Act Special Immigrant Juvenile (SIJ)
Status USCIS
Processing Time Information |
|||||||
|
|
© Law Offices
of Dr. Vepachedu