Obtaining A Green Card Qualifies The Holder To Work And Live In The U.S.
Obtaining a green card, also referred to as a permanent visa, means that the holder of the card is legally qualified to live and work in the United States indefinitely. Obtaining a green card is still the fastest path toward citizenship.
Under U.S. immigration law, four significant gateways lead to obtaining a green card; marriage and family, employment, investment, and the immigration lottery process. Let’s take a look at each.
Green Card Through Marriage – Family Waivers
For obtaining a green card, the current spouse of a U.S. citizen can legally qualify as an immediate family member and, therefore, legally qualify under the current marriage and family immigration program. However, the qualification process does not lead to automatic approval, nor is the immigration process easy to understand without the assistance of an experienced immigration attorney.
Even so, the process has been improving in recent years. According to the U.S. Department of Homeland Security, more than 25,000 immigrants apply for family unity waivers yearly. The vast majority of waivers are approved for processing.
As of 2022, there is no indication that the refugee crisis in Syria and neighboring nations will impact the number of waivers permitted. But this could change.
Should the foreign national not yet be in this country or has not yet legally consummated the marriage when the petition was presented to immigration services, then it is still possible to obtain what is known as a fiancé visa, also known as a K-1 petition. This allows the foreign spouse to enter the United States to marry a U.S. citizen.
Green Card Through U.S. Employment
Application Process To Be Hired By U.S. Based Company
Another way a foreign national may qualify for a green card is by obtaining full-time employment with an American-based company. There are 150,000 employment visas issued annually. An application and labor certification must be presented for approval to qualify for one. The process is not automatic.
U.S. Company Must Seek Approval
Our immigration laws make it illegal for a business to hire a foreign national without first receiving approval from the United States Department of Labor. Under federal law, employers must first attempt to fill the job position with an American citizen before offering the job to a foreign national.
Business Must Show A Legitimate And Important Need
The foreign employee, together with the American-based employer, must establish that there is a legitimate and important need to hire a foreign national. Usually, it must be shown that the foreign applicant offers exceptional skill or talent that makes the applicant a unique and compelling fit for the U.S. business. The sponsoring employer usually must show that it could not find an American employee with similar skills, qualifications, and experience before being allowed to hire a foreign national.
The immigration form used for this purpose is I-I40, also known as the Alien Petition for Alien Worker form. If the employment petition is granted, the incoming spouse and all of their unmarried children under the age of 21 generally qualify for the right to apply for citizenship. The goal, of course, is to keep new families together – whether foreign or national born.
Green Card Through The Lottery System
Leveling The Playing Among Applicants From Foreign Nations
Every twelve months, the federal government’s lottery program receives millions of applications from foreign nationals seeking admission to the United States. Of these, only about 50,000 lottery winners are selected for admission to the United States.
The immigration policy attempts to level the playing field among foreign nationals from countries with historically low immigration rates into the United States. The goal is to foster ethnic diversity and fairness in our immigration practices. Eligibility criteria for admission through the lottery system are determined mainly by the applicant’s place of national origin.
The green card lottery system grants the selected applicant a green card. Still, there are additional immigration forms and documents that must be correctly submitted and approved before a green card can be issued. The applicant must also meet the minimum requirements concerning education and employment status.
Education Major Factor
Regarding education, immigration applicants from countries with low rates of immigration have been randomly selected for permanent residency visas regardless of their education level or areas of expertise. This is changing.
In the recent past, the U.S. House of Representatives green-lighted an immigration bill that would replace the green card lottery with a program that awards permanent residency visas to foreign graduates of U.S. Masters or doctoral programs in science, technology, engineering, and math.
Green Card Through Investing In The United States
Every year, thousands of green cards are issued to foreign investors who make substantial investments in American businesses. The investment program aims to spur economic growth in specific industries and select regions of the United States through job creation, capital expenditures, and commercial investment.
Foreign Investor Requirements
Foreign investors must establish that their investment qualifies under current immigration laws. This usually means that the investment must be made in a business located within an approved region of the country and that the investment will create at least ten jobs in the process. If you are such an investor, it is advised that you consider retaining an experienced immigration attorney to prepare your application and present your case to immigration services.
Excessive Travel Abroad – Risks To Returning Legal Residents
Less Than One Year Rule
Holders of Green Cards can risk the loss of their privileges should they engage in excessive travel abroad. The holder must recognize that while a Green Card satisfies the requirement of presenting a valid entry document at the U.S. border, its presentation is not actual evidence that they are “returning from a temporary visit abroad.”
The operative term here is temporary. A returning legal resident returning from an absence of less than a year and presenting his Green Card at the point of entry is not assured that he will be readmitted back into the United States. For this reason, a returning resident may be denied reentry back into the U.S. if deemed to have abandoned his legal residence status.
Immigration Lawyers
For Current 2023 Updates And Revisions To Immigration Law: Visit The Official U.S. Immigration Website.
We Also Advise That You Consult With A U.S. Immigration Lawyer.
