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IMMIGRANT VISAS: LAWFUL PERMANENT RESIDENCE

 

Overview:


An immigrant visa is a visa, which allows a person lawfully admitted to reside permanently in the U.S. Following lawful admission, the person is issued a permanent resident card (“green card.”). A lawful permanent resident (LPR) (green card holder) may reside and work in the U.S. indefinitely but he/she is not a citizen of the United States. There are several ways to gain lawful permanent residence status and how a person may get LPR status depends on whether she is in or outside the U.S.

 

MOST COMMON WAYS TO GET LAWFUL PERMANENT RESIDENCE:


Family based immigrant visa:

  • Persons who have a familial relationship with a USC or LPR may seek permanent resident status;

Employment-based immigrant visa:

  • Foreign workers may obtain permanent residence if they can establish that they are offered a job in the U.S. under certain conditions;

Diversity lottery:

  • People who win the Department Of State diversity visa lottery may obtain LPR status.

Asylee or refugee:

  • Person granted asylum in the U.S. may be eligible to apply for LPR of a favorable decision;

  • Persons admitted as refugees or granted asylum in the U.S. may be eligible to apply for lawful permanent residence status within one year of admission;

 

To be eligible for an immigrant visa the individual must:

  • Qualify under one of the categories described above;

  • Meet the quota: only a certain number of persons may be granted a particular status in any given year (except immediate relatives);

  • Show that she is personally admissible or that she can qualify for a waiver of inadmissibility;

IMMIGRANT VISA PROCESSING:

PERSON IS OUTSIDE THE US:


Step 1: petition required (with some exceptions)

  • To get permanent residency through a family relationship or employment, there must be a petitioner;

  • If status sought is based on family relationship, a USC or LPR must petition for the applicant;

  • If status sought is based on employment relationship the U.S. employer is the petitioner;

  • The applicant seeking admission is the beneficiary;

Step 2: eligibility

  • The person must be qualify based on family, employment or diversity;

Step 3: immigrant visa application

  • The application for immigrant visa is done in front of a consul abroad who may decide to conduct an interview;

Step 4: admission

  • Upon the approval of the application, the applicant travels to the U.S, then he/she is inspected at the border and upon satisfactory inspection he/she is admitted as a permanent resident;

PERSON IS ALREADY IN THE U.S.: ADJUSTMENT OF STATUS

  • A person can gain permanent residence status without having to go oversea to apply for an immigrant visa.

  • To qualify for adjustment of status an applicant must be inspected, admitted, or paroled, be in lawful status (except for immediate relatives), not have worked illegally since 01/01/1977.

  • A visa number must be immediately available at the time of the application and the applicant must be personally admissible.

  • The applicant for adjustment of status must be able to overcome any and all the grounds of inadmissibility.