Green Card
Lawful Permanent Residence (“Green Card”)
Family-Based
One method to obtain lawful United States permanent residence is through a qualifying family relationship. The fastest method is through an “immediate relative” petition, which can be filed by: (1) a U.S. citizen on behalf of his or her spouse; (2) a U.S. citizen parent on behalf of his or her child under 21 years old; or (3) a U.S. citizen child at least 21 years old on behalf of his or her parent.
Employment-Based
In employment-based immigration, there are generally three main steps:
Step 1: The sponsoring employer obtains certification from the Department of Labor (DOL) that there are no able, willing, and qualified U.S. workers to perform the job. The application filed with DOL is called a PERM.
Step 2: The employer files a petition with United States Citizenship and Immigration Services (USCIS) to classify the foreign national in one of three preference categories. The first preference category (EB-1) includes foreign nationals with extraordinary ability (similar to the O-1 nonimmigrant visa), multinational executives and managers (similar to the L-1 nonimmigrant visa) and outstanding professors and researchers. No labor certification is required for EB-1 applications. The second preference category (EB-2) is for foreign nationals with advanced degrees (which includes a bachelor degree plus five years of progressively responsible experience) or with “exceptional ability.” The third preference category (EB-3) applies to professionals, skilled and other workers who do not fall within the first two categories.
Step 3: When a visa (green card) is available, the foreign national applies for his or her lawful permanent residence. Depending on the preference category (EB-1, EB-2, or EB-3), there may be no wait or a wait of multiple years before a visa is available.
Affirmative Asylum
An individual may apply for affirmative asylum within one year after arriving to the United States. An asylum application must show he or she suffered persecution, or has a well-founded fear of future persecution on account of a protected ground (i.e. political opinion, member of a particular social group, race, religion, or nationality). An affirmative asylum applicant will have an interview before an asylum officer of USCIS. The asylum officer may either grant the application or refer the case to Immigration Court for further proceedings.
Diversity Visa Lottery
Each year, there are 50,000 green cards available through the Diversity Immigrant Visa Program, generally available to people from countries with low rates of immigration to the United States. Thus, each year there are individuals from countries with higher rates of immigration that are not eligible to participate. The application period is typically from early October through early December for admission to the U.S. the following fiscal year (October 1 – September 30).
