© 2023 by Ortiz Law Firm

PERMANENT RESIDENCE

IMMEDIATE RELATIVES

Permanent Residence

A person may be able to get permanent residence in the U.S. through one of the following:

Family (spouses, children or siblings, basically)
Employers (employment immigrant visas)
Because of Humanitarian reasons (asylum, refugee)
Family-Based Immigration

Immediate Relatives

Immediate Relatives (IR) are: the spouse, widow, parent or unmarried children under 21 of a U.S. citizen. IR’s may obtain permanent resident without being subject to numerical limitations, which makes process faster in these cases.

If the Immediate Relative is outside the U.S., a U.S. citizen may apply for an immigrant visa, showing that the relationship between the citizen and the alien is a valid relationship. Once the relationship has been established, the process will continue at the consular post that corresponds to the alien.

In some circumstances, where Immediate Relative is inside the U.S. and other requirements are met, the alien may adjust status and get permanent residence in the U.S.

 

FAMILY-SPONSORED PREFERENCES

Non-Immediate Relatives may also be sponsored for a permanent residence. However, they are subject to numerical limitations depending on their relationship and nationality.
Non-Immediate Relatives are classified by preferences and the number of visas granted depends upon the preference in which the alien is classified. An alien must wait until a visa is available for his/her preference. The preferences are the following:

First Preference: Unmarried sons and daughters of citizens (21 and up).

Second Preference: Spouses and unmarried children under 21, and unmarried sons and daughters (21 and up) of Permanent Residents.

Third Preference: Married Sons and Daughters of Citizens.

Fourth Preference: Brothers and Sisters of Citizens.

To know the availability of visas, please visit http://travel.state.gov/visa/bulletin/bulletin_1360.html.

 

VIOLENCE AGAINST WOMEN

Violence Against Women Act (VAWA)

The spouse, child or parent of a US citizen or Permanent Resident may file a self-petition if s/he has been subject to extreme cruelty or battered.

Requirements

Must be the spouse, child or parent of a US citizen or Permanent Resident
The spouse, child or parent must have been battered or subjected to extreme cruelty
The battered spouse or child must have resided with the US citizen or Permanent Resident
In the case of spouses, the marriage must have been entered into in good faith and not just to obtain immigration benefits
A spouse may self-petition within 2 years after marriage is terminated
Petitioner must have good moral character

 

ADOPTED CHILDREN

Adopted Children

In order for a US Citizen or a Permanent Resident to file a petition on behalf of an adopted child, all the following conditions must be met:

The adopted child must be under 16
The adopted parent must have had legal custody of the child for 2 years or more
The adopted child must have resided with the adopted child for 2 years or more

 

EMPLOYMENT

Employment-Based Immigration

Aliens can also get permanent residence through their employment. Depending on the job to be performed, there are five preferences for employment-based immigration. These preferences are also subject to numerical limitations. Depending on the preference, an immigrant visa might or might not be available. Alien must wait to get the immigrant visa until a visa becomes available for his/her preference. The preferences are the following:

EB-1 Priority Workers:

Individuals with extraordinary ability.
Outstanding professors or researchers.
Managers and executives of multinational companies.


EB-2 Professionals holding advanced degrees or individuals with exceptional ability:

Workers with advanced degrees.
Workers with exceptional ability in science, arts or business.


EB-3 Skilled, Professional and Other Workers:

Skilled workers (with at least 2 years of experience)
Professionals
Other workers (less than 2 years of experience)


EB-4 Special Immigrants:

Religious Workers
Employees and former employees if the US Government abroad.
Translators with the U.S. Armed Forces
Iraqis Providing Faithful and Valuable Service to U.S.


EB-5 Employment Creation (Investors):

Individuals who will invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs at least 10 U.S. citizens or authorized immigrant workers.
To know the availability of visas, please visit http://travel.state.gov/visa/bulletin/bulletin_1360.html.

EB-1 Priority Workers:

Workers with extraordinary ability

Those who have “extraordinary ability in sciences, arts, education, business, or athletics, which has been demonstrated by sustained by national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.” These individuals do not need a job offer to get the residence.

To show extraordinary ability, the alien must submit at least 3 of the following:

Receipt of lesser recognized prizes or awards for excellence
Membership in associations in the field that demand outstanding achievement of their members
Published material about the alien
Evidence that the alien is a judge of the work of others
Evidence of the alien’s contributions to the field
Proof of published articles
Display of alien’s work at artistic exhibitions or showcases
Proof that the alien has performed in a leading or critical role for distinguish organizations
Evidence that the alien receives considerably higher remuneration than to others in the field
Proof of commercial success in the performing arts
Outstanding professors or researchers

Individuals internationally recognized as outstanding in an academic area, with 3 years of experience in teaching or research, who seeks entry to the U.S. for a tenure teaching position, or a comparable position at a university or institute of higher education to conduct research, or a comparable position to conduct research with a private employer if it employs at least 3 persons full-time in research activities. Although no labor certification is required, the alien must have a job offer.

To show international recognition, at least two of the following must be included:

Receipt of major prizes or awards for outstanding achievement
Membership in associations that demand outstanding achievement of their members
Published material about the alien in professional publications written by others
Evidence that the alien is a judge of the work of others
Evidence of original scientific research
Proof of published articles or books in the field
Managers and executives of multinational companies

This immigrant visa is for an individual who has been employed continuously abroad for 1 of the past 3 years by a multinational company as an executive or manager and that seeks entry to the U.S. to continue to render services to the same employer in the same managerial or executive capacity. Although no labor certification is required, the alien must have a job offer.

EB-2 Professionals holding advanced degrees or individuals with exceptional ability

Workers with advanced degrees

A worker with an advanced degree is a person that meets one of the following:

A U.S. master’s degree or higher or a foreign degree
A U.S. bachelor’s degree or foreign degree equivalent plus five years of progressive, post-degree work experience.