There are multiple ways to acquire a Green Card for permanent Residence in the United States according to the United States Immigration and Nationality Act Sec. 203. [8 U.S.C. 1153], Allocation of Immigrant Visas. This article will provide basic descriptions of for such methods; green cards by way of Family, Job, Refugee or Asylum status and the Diversity Visa Lottery.
Family- based
U.S. citizens or permanent residents are able to formally request permanent residence for family members by filing Form I-130 “Petition for Alien Relative” with the U.S. Citizenship and Immigration Services.
If the petitioner is a U.S. citizen he or she can complete the form on behalf of an immediate relative (a child who is under 21 years old and unmarried, a spouse, or the parent of the U.S. citizen), a family member (a child, a married child of any age, or a sibling of the U.S. citizen). Furthermore, a U.S. citizen can choose to file form I-129F “Petition for Alien Fiancé(e). The foreign spouse can receive a nonimmigrant K-3 Visa (and their children a K-4 Visa) in order to reside in the U.S. while the visa process is taking place. The I-129 is also available for a fiancé(e) when a marriage will take place in the United States within the 90 day fiancé(e) status period, after which the spouse is able to apply for permanent residency.
If the petitioner is a permanent resident the form may be filed on behalf of a spouse or unmarried child. If the marriage is valid for less than 2 years the spouse will be granted conditional permanent residence.
For the filing of immigration documents a spouse is defined as” a legally wed husband or wife” by the U.S. Department of State. Common-law marriages are recognized in accordance to the statues of the country in which they are formed.
Job-based
A Job offer can result in the issuance of a green card for a foreign worker under certain conditions. In order for employers issuing a Job offer to a foreign worker to offer permanent residence they must first receive certification from the U.S. Department of Labor through ETA Form 9089 “Application for Permanent Employment Certification” and then file form I-140 “Immigrant Petition for Alien Worker” with the USCIS. This petition can be filed on behalf of an internationally recognized professor or researcher, an alien performing executive functions, an alien holding an advanced or baccalaureate degree and/or with incomparable abilities in their field, a skilled worker, or an unskilled worker necessary to perform a certain labor in the U.S. Foreigners with substantial U.S. investments and self-petitioners of extraordinary demonstrable ability may also be eligible to receive green cards. In addition individuals can receive green cards by filing form I-360 “Petition for Amerasian, Widow(er), or Special Immigrant” if they meet specific conditions or partake in certain professions such religious worker or an employee of an international organization.
Refuge and Asylum Status
Individuals admitted into the U.S. under the classification of Refugee may apply for green cards within one year by filing form I-485 “Application to Register Permanent Residence or Adjust Status” for each family member. While individual who came to the U.S. seeking Asylum do not need to apply for a green card, they are courage to do, using the same form, to avoid future legal trouble should the Asylum qualification change according the laws of their native country.
The Diversity Immigrant Visa Program
The Diversity Visa Lottery (DV) grants 50,000 visas each year to participating countries. In 2010 The Kentucky Consular Center, the authority responsible for the programs registration, received 13.6 million qualified entries, 102,800 of which are selected to complete the visa application. For the 2010 Diversity Visa Lottery, 5,499 applicants were registered from the Ukraine and 1, 912 from Russia according the U.S Department of State website. Of the 102,800 registered, only 50,000 individuals will receive visas. If the individual is selected he or she may file Form I-486, Application to Register Permanent Residence or Adjust States” with the Department of Homeland Security for lawful permanent residency in the U.S. in the form of a green card.
For more information visit the websites of The U.S. Department of State at http://travel.state.gov/ and Th e U.S. Citizenship and Immigration Services at http://www.uscis.gov/portal/site/uscis.