WORK VISAS STUDENT VISAS VISITOR VISAS FAMILY VISAS GREEN CARD CITIZENSHIP

GREEN CARD

Adoption
A child who has been adopted by a by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, with the intent of forming a bona fide parent/child relationship may obtain Permanent Residence trough his/her parent(s). The adopting parent may apply on his/her behalf if, the child is under age 16 and:

- The adopted child has resided with and been in the legal custody of the adopting parent for at least two years; or

- The child qualifies as an “orphan” because:

- The child has no parents due to the death, disappearance of, abandonment, desertion by, separation from, or loss of both parents; or

- The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.
Asylum
For individuals in the U.S. who are unable or unwilling to return to their country because they have suffered past persecution or have fear of future persecution in their country on account of race, religion, nationality, or membership in a social or political group. The asylum should be filed within one year of the arrival to the U.S. However, under special circumstances it can be filed later.

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Employment Based
For individuals that want to become a permanent resident based on the fact that they have a permanent employment opportunity in the U.S. The process includes several steps:

  • Most of the employment categories require that the U.S. employer complete a labor certification request ( PERM ) on behalf of the applicant, and submit it to the Department of Labor's Employment and Training Administration.
  • The USCIS must approve an n immigrant visa petition (I-140) filed by the employer on behalf of the applicant. If the category required a PERM , the employer must wait until the PERM is approved to file the I-140 petition.
  • The State Department must give the applicant an immigrant visa number. The status of visa number can be checked in the Department of State’s Visa Bulletin.
  • If the applicant is already in the U.S. , he/she must apply to adjust to permanent resident status after a visa number becomes available. He/She is eligible for work authorization. If the applicant is outside the U.S. , he/she will be notified and must complete the process at his/her local U.S. consulate office.
  • The immediate family, spouse and unmarried children under age 21, may apply to adjust to permanent residence at the same time or later. If they are in the U.S. , they are eligible for work authorization.

There are five categories for granting permanent residence to foreign nationals based upon employment:

First Preference

- Persons with extraordinary ability in the sciences, arts, education, business or athletics

- Outstanding professors or researchers

- Multinational executives and managers

Second Preference

- Persons with exceptional ability in the sciences, arts, or business

- Persons with advanced degrees

- Qualified physicians who will practice medicine in an area of the U.S. which is underserved

- National Interest Waiver (NIW) for persons with advanced degree or exceptional ability involved in activities that will substantially benefit the U.S. national interest

Third Preference

- Persons with bachelor's degrees

- Skilled workers with minimum two years training and experience

- Unskilled workers


Fourth Preference

- Certain religious workers

- Employees and former employees of the U.S. Government abroad


Fifth Preference

- Investors willing to invest $1,000,000 ($500,000 in a high unemployment area) and create at least 10 new full-time jobs for U.S. citizens, permanent resident, or other lawful immigrants, not including the investor and his/her family.

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Family Based
U.S. Citizens or Permanent Residents are allowed to apply for their family relative in the following cases:

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U.S. Citizens applying for:  

  • Spouse
  • Unmarried child (under age 21)
  • Unmarried stepchild (under age 21) if he/she became stepchild under age 18
  • Adopted child (under age 18) if his/her I-600 petition (petition to classify orphan as an immediate relative)  was filed under age 16
  • Unmarried son/daughter (over age 21)
  • Married son/daughter
  • Brother/sister
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Permanent Residences applying for:

  • Spouse
  • Unmarried child (under age 21)
  • Unmarried stepchild (under age 21) if he/she became stepchild under age 18
  • Adopted child (under age 18) if his/her I-600 petition (petition to classify orphan as an immediate relative)  was filed under age 16
  • Unmarried son/daughter (over age 21)
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Investment Based
Individuals willing to invest $1,000,000 ($500,000 in a high unemployment area) and create at least 10 new full-time jobs for U.S. citizens, permanent resident, or other lawful immigrants, not including the investor and his/her family.

The immediate family, spouse and unmarried children under age 21, may apply to adjust to permanent residence at the same time or later. If they are in the U.S. , they are eligible for work authorization.

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Schedule A - Nurses or Physical Therapists
For registered nurses and physical therapists with a job offer from a U.S. employer.

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Nurses
The person must meet the following requirements:

- He/she must have a diploma from a nursing school in his/her country;

- Have a RN license in his/her country; and

- Have a full and unrestricted license to practice professional nursing in the state of intended employment, or

- Have a certification that he/she has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or

- Have evidence that he/she has passed the NCLEX-RN licensing examination but cannot obtain a license because he/she lacks a social security number.

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Physical Therapists

The person must meet the following requirements:

- He/she must have a bachelor’s degree in physical therapy or the equivalent; and

- Have a license to practice in the state of intended employment; or

- Have a letter from a state licensing agency stating that the applicant is qualified to take the state licensing examination

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Related Applications
W/A Employment Authorization

For individuals in the U.S. who are:

- A person who has filed an application for adjustment of status (green card) that is still pending;

- The spouse of an E or L visa holder;

- The spouse or child of a J visa holder;

- K-1/K-2 holders, fiancé(e) of a U.S. citizen and dependants;

- A person who has filed an application for asylum or withholding of deportation or removal that is still pending, or

- A person under temporary protected status (TPS)

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Advance Parole
For individuals in the U.S. to be able to return to the U.S. after traveling abroad, and who:

- Have filed an application for adjustment of status (green card) that is still pending,

- Have applied for Asylum, or

- Are under TPS (Temporary Protected Status)

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Reentry Permit
For individuals in the U.S. to be able to return to the U.S. after traveling abroad, and who:

- Have filed an application for adjustment of status (green card) that is still pending,

- Have applied for Asylum, or

- Are under TPS (Temporary Protected Status)

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Removal of Conditions
For individuals who obtained permanent residence through marriage and this permanent residence was granted conditional, to apply to remove the conditions on their residence. This must be filed during the 90 days previous to the expiration of the conditional permanent residence.

The person must be:

- Still married to the same spouse that applied form him/her

- Widow(er) of the person that applied form him/her

- Divorced but able to prove that the marriage was in good faith

- Able to prove that the marriage was good faith, but either the spouse or the child were battered or subjected to extreme hardship by the spouse

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Replace/Renew Green Card 
For individuals who are permanent resident and needs a new Green Card due to:

- The Green Card was valid for ten years and it’s going to expire

- The Green Card was lost, stolen, mutilated, or destroyed

- The Permanent Residence was approved but he/she never received the Green Card

- The Green Card was issued before age 14 and has reached his/her 14 th birthday

- The Green Card contains incorrect data

- The personal in the Green Card has changed

- The Green Card is an old version

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