PERMANENT RESIDENCE      back to list

Becoming an immigrant and obtaining permanent residence (a "green card") is a multi-step process. First, USCIS must approve an immigrant petition, which is usually filed by an employer or a relative on behalf of the applicant. Second, an immigrant visa from the Department of State must be available, even if the applicant is already in the United States. Some immigrant visa categories are subject to an annual quota that limits the number of individuals who can be granted lawful permanent residence in any one fiscal year (from October 1 through September 30).

Even if USCIS approves an immigrant visa petition, a visa number may not be available immediately. In some cases, given that visa availability under the annual quota is limited by country of birth and by visa preference category, several years may pass between the time the immigrant visa petition is approved and the time a visa number becomes available. Third, if the applicant is already in the U.S., he or she may apply to adjust to permanent resident status after a visa becomes available. Applicants outside the U.S. when an immigrant visa becomes available must go to a U.S. embassy or consulate to complete processing.

In most employment-based categories, a labor certification application must be approved before a U.S. employer can file an immigrant petition for a foreign worker. (See Labor Certifications and Employment-Based Petitions). Eligibility requirements vary depending on the type of work to be performed and the qualifications of the foreign worker. There are five categories of employment-based immigrant visas: first preference (EB-1 priority workers); second preference (EB-2 workers with advanced degrees or exceptional ability); third preference (EB-3 professionals, skilled workers, and other workers); fourth preference (EB-4 special workers, such as those in a religious occupation or vocation); and fifth preference (EB-5 employment creation).

Eligibility to sponsor a relative to immigrate to the United States includes a number of criteria. Family members who wish to immigrate to the U.S. are classified into categories based on the preference system. (See Family-Based Immigration). The category given the highest priority are immediate relatives of adult U.S. citizens, including parents, spouses, and unmarried children under the age of 21. There are four remaining categories of relatives and the waiting time for a visa varies among the categories and according to the country of birth of the relative.

Paparelli & Partners LLP provides experienced counsel, legal representation and step-by-step immigrant visa case preparation and processing assistance. Schedule a consultation with our firm for further assistance.