Green card or the Permanent Residency card gives a person to lawfully live and work in United States and is actually the first step in obtaining the U.S. citizenship. A Green card comes along with several legal rights including ability to travel outside US without any hassle, taxation benefits, social security benefits and right to sponsor your relatives.
Ways to Obtain a Green Card
The journey to a green card can be long and you certainly need patience. There are several ways to start your green card journey and the road you actually decide to sail on, depends upon your qualifying criteria. Some of the main criteria are:
- Work/ Employment Based
- Special classifications
Family-Based (I 130)
According to the current immigration law, US citizens as well as Lawful Permanent Residents have the right to sponsor their immediate family members to get a green card. In other words, it means that if you are a spouse, parent, child, sibling or fiancé of a US citizen or a permanent resident, he/she can file a petition (I 130) with the USCIS. You may/maynot be present in US to apply for family based green card. In case, you are in your home country, the petition can be filed at the American consulate of your home country.
Please make a note that all other relatives including uncles, aunts, grandparents, cousins and friends are not eligible under this petition. USCIS has a strict procedure to validate the authenticity of relationships for all family based petitions.
There is no need to stop yourself from dreaming of getting a permanent residence in US if you don’t have a close relative to file your petition. Your employer is also authorized to file a petition for you to get permanent residency. Employment based permanent residency petitions are based on the kind of work you are doing and the skills that you use to fulfill your job responsibilities.
1. Workers With Extra Ordinary Abilities/ Priority workers: This set of workers includes people with extraordinary skills, scholars, athletes, outstanding researchers, and multinational executives and managers. There is further classification under EB1 category (EB-1A, EB-1B and EB-1C) depending upon your skill set. The petitions filed under EB1 category are exempt from the Labor Certification Process, though some petitions that are filed under EB-1B and EB-1C have to file I 140 to ensure that they meet the criteria for outstanding abilities.
- Skilled Workers/Non Priority Workers: Skilled workers include people with master or graduate degrees in science, arts and maths. These petitions are filed under EB-2 and EB-3 category. It is mandatory for these workers to file I 140 and follow the Labor Certification Process and ensure that the position held by the immigrant worker can’t be filled by a US worker. The process of labor certification is lengthy and complex and needs legal help from attorneys.
Investment-Based Residency EB5
As a move to stimulate overseas investment, the US government allows alien entrepreneurs, who invest $500K to $1 Million USD in United States, to get eligible to apply for permanent residency. The newly investment business should be able to create at least 10 new jobs for US citizens or permanent residents. The investment usually increases varying on the kind of business you invest in. There is a maximum limit of 10,000 immigration visas annually with further sub limits.
Special Workers E 4
If you belong from a category of special immigrants including medical doctors, former government officials and retired international officials, religious workers and military officials. These workers don’t need any Labor Certification.
If you fear for your life in your home country because of your political or religious beliefs, your race or even membership to a particular social/ religious organization, you can apply for an asylum in the United States. Upon approval, you will get your work authorization and all rights to live and stay in the United States.
DRJ Legal Services, Dallas can assist the applicant in filing the petition correctly and avoid mistakes which could otherwise delay the processing of the request. We rank among the top immigration lawyers firm in Dallas which offer par excellence services. We help you throughout the process from the filing of petition to handling the situations and complications, leading to your green card and ultimately citizenship.
If you are looking for the adjustment of status but have doubts, we can help. Call today to schedule your first free, no obligation appointment.