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.
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.
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.
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
