Who May Become A Permanent US Resident?
A person may get permanent residency through political asylum, entering as a refugee, a family relationship with a U.S. citizen or permanent resident, work skills that are determined to be in short supply in the U.S., or a special immigrant visa lottery for persons from countries where few people come to the U.S. Some people in special situations may be able to obtain permanent residency because they have been in the U.S. so long and it would be inhumane to force them to leave.
A person may try to obtain the status from outside the U.S. through an “immigrant visa” or without leaving the U.S.
Some laws make it difficult for a person who has been in the U.S. illegally to obtain legal status. In addition, the waiting list for permanent residency is so long that a person could be required to be separated from family members.
Permanent Residency Based On Family
The immigration laws provide permanent residency for persons with certain designated family relationships with U.S. citizens or permanent residents. The relative must petition for the non-citizen.
The relationships are very specific, and the person must neatly fall within one. For determining whether a person meets the required family relationship category, there is no room for discretion on the part of the INS officer.
This area can be very complex, and you should see an experienced immigration lawyer to determine eligibility. But below are some general examples.
Examples Of Designated Family Relationships:
“Immediate relatives” of U.S. citizens may be eligible for permanent residency. An immediate relative is a person who is a minor (under 21) unmarried child, spouse, or parent of an adult (over 21) U.S. citizen. This category is not restricted in number and has no extensive waiting list to get permanent residency.
Others who may seek permanent residency are spouses and unmarried children of permanent residents. This includes married and adult siblings as well as children of U.S. citizens. Persons under this last category must sometimes wait for extended periods before being able to obtain residency status.
Where the claimed relationship is a brother-sister, the two may be half-siblings (sharing a common parent). Where the claimed relationship is parent-child, a person may be adopted, legitimated, or a stepchild.
Where the category allows for a person to be married (or single with children), only the person with a prior relationship to a U.S. citizen or resident must qualify. This means that a married child of a U.S. citizen can bring his entire family. Similarly, only one head of the household needs to establish qualification under the employment preference to bring over a spouse and children. These rules support one of the main goals of the immigration laws: family unification.
Permanent Residency Based On Employment
In most situations, the person must have a prospective employer willing to act as a sponsor for residency. Once the person has established the proper employment relationship, the next step will be to get on a waiting list to get an immigrant visa or adjust their status to permanent residence.
Because one of the main objectives of immigration law is protecting U.S. workers, usually, these positions require a certification from the Secretary of Labor. Specifically, there are no ready, willing, able, and qualified U.S. workers for that particular position, and the compensation and offered position will not adversely or substantially affect the wages and working conditions of U.S. workers.
Certain categories of foreign workers are given preference. This field is very complex and often changes, so it is highly advisable to get an experienced immigration attorney to help you through this process.
Permanent Residency Through Immigration Lottery
Some immigrants may be eligible to immigrate through what is known as the “diversity” lottery -.a program designed to admit approximately 55,000 people per year from countries whose citizens have not been coming to the U.S. in large numbers.
The world is broken up into regions and countries based on their immigration numbers. Persons submit their names with identifying information such as their name, date, city of birth, country of nationality, information on their spouse and children, current mailing address, photos, and the location of the nearest consular office (where they will process their applications).
The lottery is conducted once a year (usually during the Fall). The selection is purely random.
A person notified of qualification must establish that she has at least a high school diploma or equivalent and at least two years of work experience. The work experience must have been within the last five years in a field requiring at least two years of training.
Procedural Requirements
A person may obtain permanent residency by making an application from the home country, waiting to be processed for an immigrant visa, and then coming to the U.S., or by coming initially as a nonimmigrant and then trying to become a permanent resident. This second application process is much more complicated and requires expert assistance to make sure that no misrepresentations or other errors are committed that would make it difficult to obtain residency later.
Losing Permanent Residency
A person may jeopardize permanent resident status by committing criminal acts, falling into one of the categories of inadmissibility and traveling outside of the U.S. for more than 180 days, or falling into one or more of the categories of “deportable” persons.
One cannot lose the status without an opportunity for a hearing before an immigration judge. Permanent residency cannot be taken away casually by an immigration officer refusing to allow admission into the country or by a Consular officer taking away a person’s proof of permanent residency (green card). If this should happen, see a lawyer who specializes in immigration law immediately.
Juveniles
An unmarried minor may obtain permanent residency if he or she is eligible for long-term foster care or has been placed in the custody of a state agency or department where it is not in the child’s best interest to return to their home country.
Abused Spouses And Children
In some situations, people who are married or the children of permanent residents and U.S. citizens and become the subjects of abuse or extreme cruelty by the spouse or parent may become permanent residents.
The person must also have been present in the U.S. for three years and be of good moral character, and removal would cause extreme hardship.
Long-Time Illegal Residents
Over the years, Congress has enacted so-called “amnesty” laws that allow such persons who were in the U.S. as of a specified date to be granted permanent residency after following an application process.
Official U.S. Immigration Website
U.S. Immigration Lawyers
Should you wish for more information, consider consulting online with an Immigration Lawyer.
