Immigration Law allows for permanent U.S. residency (Green Card) by way of three routes :
- Family-based Immigration for individuals who have certain close relatives in the United States. Except for Immediate Relatives, a quota system applies and backlogs are common.
- Employment-based immigration.
- Diversity immigration lottery.
FAMILY-BASED IMMIGRATION (GREEN CARD)
Family-based immigration is divided into 2 categories:
1. Immediate Relatives of U.S. Citizens – are NOT subject to quota limitations, thus, shorter processing times. The category includes:
· Spouse of a U.S. citizen
· Parent of a U.S. citizen (if the U.S. citizen child is over the age of 21)
· Unmarried children (under 21 years of age) of a U.S. citizen
· Widow/er
A U.S. citizen may file an Immigrant Visa Petition on behalf of an Immediate Relative who is outside the U.S., based upon which the Immediate Relative may obtain his/her Green Card; OR file the Immigrant Visa Petition together with the Immediate Relative’s Application for Adjustment of Status (if the Immediate Relative is in the U.S.). Together with the alien’s Application for Adjustment of Status, s/he may also apply for Work Authorization. The alien may NOT leave the U.S. while the Application for Adjustment of Status is pending and before the Green Card application is approved - if you do so, your application may be denied. There is an exception to this rule and under certain circumstances the alien may file an application to get permission to leave the U.S. for a short period of time in emergency case. All immediate relative cases are subject to an interview before an approval may be granted.
2. Preference Relatives – subject to quota limitations (prolonged processing times). This category includes:
· Son/Daughter (unmarried and over 21 years of age) of a U.S. citizen
· Derivatives of such son/daughter (spouse and children under 21)
· Spouse of a Green Card holder + derivatives
· Child (under 21) of a Green Card holder + derivatives
· Unmarried adult child (over 21) of a Green Card holder + derivatives
· Son/Daughter (married, any age) of a U.S. citizen + derivatives
· Brother/Sister of a U.S. citizen + derivatives.
The first step in a Preference Relative Green Card process is for the U.S. citizen or Permanent Resident (Green Card holder) to file an Immigrant Visa Petition on behalf of the alien Preference Relative. However, because there is a limit on the number of Green Cards that may be issued every year to Preference Relatives, quota waiting periods are imposed which vary depending on the type of preference category and the country of birth of the prospective immigrant. The U.S. Department of State sets such quotas in its Visa Bulletin on a monthly basis, which table indicates the waiting period for the Preference Relative Category.
Once the pertinent preference category opens, the prospective immigrant may file his/her Green Card application. This may be done by applying for an Immigrant Visa abroad (Consular Processing abroad) OR, in some circumstances, a prospective immigrant already in the U.S., may file an Application for Adjustment of Status, in which case the alien may also file an application for employment authorization. The alien may NOT leave the U.S. while the Application for Adjustment of Status is pending and before the Green Card application is approved - if you do so, your application may be denied. There is an exception to this rule and under certain circumstances the alien may file an application to get permission to leave the U.S. for a short period of time in emergency case.
3. Fiance(e) Visa
The Immigration and Nationality Act provides a nonimmigrant visa classification “K-1″ for aliens coming to the United States to marry American citizens and reside here. To establish K-1 visa classification for an alien fiancée, an American citizen must file a Fiancée Petition with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner’s residence in the United States. Such petitions may not be adjudicated abroad.
The unmarried, minor (under 21) children of a K-1 beneficiary derive “K-2″ nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancée within one year from the date of issuance of the K-1visa. Thereafter, a separate immigrant visa (I-130) petition is required.
You must present evidence that you have met your fiancé face to face during the two years prior to the filing of the petition and evidence of your relationship
Upon USCIS approval USCIS will send it the State Department who performs a background check, and then forwards it to the U.S. Embassy for final processing. If found eligible, a visa will be issued valid for one entry. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the USCIS to establish a record of entry for conditional permanent residence status. During the last 3 months prior to the second anniversary, the alien needs to apply for removal of the conditional status and obtain his or her permanent Green Card.
VICTIMS OF DOMESTIC VIOLANCE – MALE or FEMALE (Green Card)
Violence Against Women Act (VAWA) benefits husband, wife, and children who have been abused by their U.S. citizen (USC) or Green Card holder (LPR) spouse or parent. VAWA allows for self-petitions without signature/sponsorship by the abusing USC/LPR spouse or parent.
Abused male or female can file a petition even if the marriage ended in divorce, so long as there was a connection between the divorce and domestic violence and the petition is filed within two years from the termination of the marriage.
USCIS requires evidence that the USC/LPR either physically or mentally abused the spouse or child. Detailed events of the abusive relationship are required.
**This is general information and it is NOT intended to provide legal advice.