B
O
C
If you want to live permanently in the United States, you have to be
sponsored for an immigrant visa by a close family member who is a
U.S. citizen or a lawful permanent resident (green card holder), or
you can be sponsored by a U.S. employer who wants to hire you on
a permanent full-time basis.
The process to obtain an immigrant visa is highly regulated. Having
a family member or an employer sponsor is only one part of the
immigrant visa process. U.S. immigration laws for the immigrant visa
application process include numerous requirements.
If you came to the U.S. illegally, or if you have ever been arrested,
or if you have ever worked without authorization from the
immigration service or remained in the U.S. beyond a departure
date, or if you have ever failed to tell the truth when applying for a U.
S. visa, you should consult with a lawyer before applying for an
immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a U.
S. immigrant visa (commonly referred to as a green card), which
allows that person to live and work permanently in the United States.
Persons in the United States who have obtained an immigrant visa
are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual limitations
as to who is eligible to obtain an immigrant visa, or permanent
residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you are
in the U.S. and if you are eligible to adjust status (many restrictions
apply), you must have a family or employer sponsor.
In some very limited circumstances, you may be able to sponsor
yourself. There are several immigrant visa categories of family,
employer and self-sponsorship. Most of these categories have a
limited number of immigrant visas allotted each year. Some
immigrant visa categories have more visa applicants waiting for
visas than there are available visas. Consequently, there is a long
wait in some of these visa categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the sponsor
must be a U.S. citizen or a lawful permanent resident, or LPR. A U.S.
citizen can sponsor her parents, her spouse, her children (including
her spouse's children if they were under age 18 at the time of the
marriage of their parent to the U.S. citizen), and her sisters and
brothers.
A U.S. citizen must be at least 21 years old to sponsor her parents.
A U.S. citizen's parents, spouse and unmarried children (including
step children) under age 21 are called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas available
for this category. All other relatives who may be sponsored by a U.S.
citizen (married children, unmarried children age 21 and older, and
brothers and sisters) are subject to annual visa limitations.
An LPR can sponsor only a spouse and unmarried children of any
age.
Immigrant visas for spouses and unmarried children of LPRs are
subject to annual visa limitations. All family members who are
subject to annual visa limitations are categorized into four (4) visa ,
or preference, categories of 1, 2(A and B), 3, and 4:
Family Preference Category
Annual visa allotments
1. Unmarried adult children of U.S. citizen
23,400 visas per year
2A. LPR's spouse & children under age 21
87,900 visas per year
2B. LPR's children age 21 and older
26,300 visas per year
3. Married children of U.S. citizen
23,400 visas per year
4. Brothers and sisters of U.S. citizen
65,000 visas per year
If you can be sponsored by a U.S. citizen or LPR as a family member
within one of the four Family Preference Categories 1, 2(A or B), 3
and 4 your place in line for the immigrant visa is established by the
date that your relative filed the immigrant visa petition with the U.S.
of Citizenship and Immigration Services, USCIS (formerly the
Immigration and Naturalization Service INS).
This date is called your priority date. The U.S. Department of State
publishes a monthly Visa Bulletin that contains the progress of
priority dates, which can be found at http://www.travel.state.
gov/visa_bulletin.html.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY ALSO
IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member within
the Third or Fourth Family Preference categories, your spouse and
unmarried children under age 21 can also immigrate to the U.S. with
you as your derivative family members. If your are sponsored by a
U.S. citizen or LPR as a family member within the First or Second(B)
categories, your unmarried children under age 21 can immigrate
with you.
If you are sponsored by your LPR spouse (category 2A), your
unmarried children under age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate
relatives of a U.S. citizen (which includes the U.S. citizen's parents,
spouse, and unmarried children under age 21), the derivative rule
does not apply.
The U.S. citizen must separately sponsor her spouse and each child
of her spouse who is unmarried, under age 21 and who was under
age 18 at the time of the marriage to parent's marriage to the U.S.
citizen. Also, the U.S. citizen must separately sponsor each of her
parents. If the U.S. citizen's parents have unmarried children under
age 21 (the U.S. citizen's younger sisters or brothers) who also want
to immigrate to the U.S., the younger children cannot immigrate to
the U.S. with their parents as derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth
Preference relatives. Also, after immigrating to the United States,
the parents can sponsor the younger children as Second
Preference relatives. Unfortunately, due to backlogs in the Family
Second and Fourth Preference categories, it will be a few years
before the younger siblings can immigrate to the U.S.
CAN I GET A GREEN CARD IF HAVE A JOB IN THE U.S.?
A U.S. employer who wants to hire you, or who is already employing
you, can sponsor you for an immigrant visa. In most cases, the
employer must prove to the U.S. Department of Labor (DOL) that
the employer made an effort to find a qualified U.S. worker for the
job offered to you, and that the effort was unsuccessful.
This process, which is referred to as the Labor Certification process,
requires the employer to actually try to find a U.S. worker for the job
through advertising and other means, and to explain to DOL why no
qualified U.S. worker was found through these recruitment efforts. If
DOL accepts the employer's explanation, DOL will certify that there
is no qualified U.S. worker available for the job.
Next, the employer must file an immigrant visa petition to sponsor
you, with USCIS. If you are in the U.S. and eligible to adjust status,
you can also file your application for the immigrant visa (the
application to adjust status).
If you are outside the U.S., or if you are in the U.S. but not eligible to
adjust status, you must wait until USCIS approves the employer's
petition before you can apply for the immigrant visa at the American
consulate in your home country.
You might also qualify for an immigrant visa if you are an
outstanding researcher or professor, or if you are a long-standing
employee of a U.S. affiliate company abroad, or if you are a
religious minister, or if you are internationally prominent in your field
of expertise, or if you have unique expertise that will benefit the U.S.,
or if you have at least $1,000,000 million to invest in a U.S. business
that you will manage. In the latter three instances, you may be able
to sponsor yourself.
There are five (5) immigrant visa categories for employment-based
visa applicants, each of which is subject to annual visa
limitations:
Employment Preference Category:
Annual visa allotments
you are eligible to sponsor yourself, your spouse and unmarried
children under age 21 can also immigrate to the U.S. with you as
your derivative family members.
sponsored for an immigrant visa by a close family member who is a
U.S. citizen or a lawful permanent resident (green card holder), or
you can be sponsored by a U.S. employer who wants to hire you on
a permanent full-time basis.
The process to obtain an immigrant visa is highly regulated. Having
a family member or an employer sponsor is only one part of the
immigrant visa process. U.S. immigration laws for the immigrant visa
application process include numerous requirements.
If you came to the U.S. illegally, or if you have ever been arrested,
or if you have ever worked without authorization from the
immigration service or remained in the U.S. beyond a departure
date, or if you have ever failed to tell the truth when applying for a U.
S. visa, you should consult with a lawyer before applying for an
immigrant visa.
WHO IS A LEGAL IMMIGRANT?
A legal immigrant is a foreign-born person who has been issued a U.
S. immigrant visa (commonly referred to as a green card), which
allows that person to live and work permanently in the United States.
Persons in the United States who have obtained an immigrant visa
are called lawful permanent residents or LPRs.
HOW DO I OBTAIN A U.S. IMMIGRANT VISA?
U.S. immigration laws have strict requirements and annual limitations
as to who is eligible to obtain an immigrant visa, or permanent
residence status.
Generally, before you can apply for an immigrant visa at the
American consulate if you are outside the U.S., or apply for an
immigrant visa through the adjustment of status procedure if you are
in the U.S. and if you are eligible to adjust status (many restrictions
apply), you must have a family or employer sponsor.
In some very limited circumstances, you may be able to sponsor
yourself. There are several immigrant visa categories of family,
employer and self-sponsorship. Most of these categories have a
limited number of immigrant visas allotted each year. Some
immigrant visa categories have more visa applicants waiting for
visas than there are available visas. Consequently, there is a long
wait in some of these visa categories.
WHO CAN BE A FAMILY SPONSOR?
To obtain an immigrant visa through a family sponsor, the sponsor
must be a U.S. citizen or a lawful permanent resident, or LPR. A U.S.
citizen can sponsor her parents, her spouse, her children (including
her spouse's children if they were under age 18 at the time of the
marriage of their parent to the U.S. citizen), and her sisters and
brothers.
A U.S. citizen must be at least 21 years old to sponsor her parents.
A U.S. citizen's parents, spouse and unmarried children (including
step children) under age 21 are called immediate relatives.
The immediate relative visa category does not have an annual
limited visa allotment, so there are always immigrant visas available
for this category. All other relatives who may be sponsored by a U.S.
citizen (married children, unmarried children age 21 and older, and
brothers and sisters) are subject to annual visa limitations.
An LPR can sponsor only a spouse and unmarried children of any
age.
Immigrant visas for spouses and unmarried children of LPRs are
subject to annual visa limitations. All family members who are
subject to annual visa limitations are categorized into four (4) visa ,
or preference, categories of 1, 2(A and B), 3, and 4:
Family Preference Category
Annual visa allotments
1. Unmarried adult children of U.S. citizen
23,400 visas per year
2A. LPR's spouse & children under age 21
87,900 visas per year
2B. LPR's children age 21 and older
26,300 visas per year
3. Married children of U.S. citizen
23,400 visas per year
4. Brothers and sisters of U.S. citizen
65,000 visas per year
If you can be sponsored by a U.S. citizen or LPR as a family member
within one of the four Family Preference Categories 1, 2(A or B), 3
and 4 your place in line for the immigrant visa is established by the
date that your relative filed the immigrant visa petition with the U.S.
of Citizenship and Immigration Services, USCIS (formerly the
Immigration and Naturalization Service INS).
This date is called your priority date. The U.S. Department of State
publishes a monthly Visa Bulletin that contains the progress of
priority dates, which can be found at http://www.travel.state.
gov/visa_bulletin.html.
IF I AM ELIGIBLE TO BE SPONSORED BY A U.S CITIZEN OR
PERMANENT RESIDENT (LP RELATIVE, CAN MY FAMILY ALSO
IMMIGRATE WITH ME?
If you can be sponsored by a U.S. citizen as a family member within
the Third or Fourth Family Preference categories, your spouse and
unmarried children under age 21 can also immigrate to the U.S. with
you as your derivative family members. If your are sponsored by a
U.S. citizen or LPR as a family member within the First or Second(B)
categories, your unmarried children under age 21 can immigrate
with you.
If you are sponsored by your LPR spouse (category 2A), your
unmarried children under age 21 can immigrate also.
However, under U.S. immigration laws, if you are an immediate
relatives of a U.S. citizen (which includes the U.S. citizen's parents,
spouse, and unmarried children under age 21), the derivative rule
does not apply.
The U.S. citizen must separately sponsor her spouse and each child
of her spouse who is unmarried, under age 21 and who was under
age 18 at the time of the marriage to parent's marriage to the U.S.
citizen. Also, the U.S. citizen must separately sponsor each of her
parents. If the U.S. citizen's parents have unmarried children under
age 21 (the U.S. citizen's younger sisters or brothers) who also want
to immigrate to the U.S., the younger children cannot immigrate to
the U.S. with their parents as derivative family members.
The U.S. citizen can sponsor her younger siblings as Fourth
Preference relatives. Also, after immigrating to the United States,
the parents can sponsor the younger children as Second
Preference relatives. Unfortunately, due to backlogs in the Family
Second and Fourth Preference categories, it will be a few years
before the younger siblings can immigrate to the U.S.
CAN I GET A GREEN CARD IF HAVE A JOB IN THE U.S.?
A U.S. employer who wants to hire you, or who is already employing
you, can sponsor you for an immigrant visa. In most cases, the
employer must prove to the U.S. Department of Labor (DOL) that
the employer made an effort to find a qualified U.S. worker for the
job offered to you, and that the effort was unsuccessful.
This process, which is referred to as the Labor Certification process,
requires the employer to actually try to find a U.S. worker for the job
through advertising and other means, and to explain to DOL why no
qualified U.S. worker was found through these recruitment efforts. If
DOL accepts the employer's explanation, DOL will certify that there
is no qualified U.S. worker available for the job.
Next, the employer must file an immigrant visa petition to sponsor
you, with USCIS. If you are in the U.S. and eligible to adjust status,
you can also file your application for the immigrant visa (the
application to adjust status).
If you are outside the U.S., or if you are in the U.S. but not eligible to
adjust status, you must wait until USCIS approves the employer's
petition before you can apply for the immigrant visa at the American
consulate in your home country.
You might also qualify for an immigrant visa if you are an
outstanding researcher or professor, or if you are a long-standing
employee of a U.S. affiliate company abroad, or if you are a
religious minister, or if you are internationally prominent in your field
of expertise, or if you have unique expertise that will benefit the U.S.,
or if you have at least $1,000,000 million to invest in a U.S. business
that you will manage. In the latter three instances, you may be able
to sponsor yourself.
There are five (5) immigrant visa categories for employment-based
visa applicants, each of which is subject to annual visa
limitations:
Employment Preference Category:
Annual visa allotments
- 1. Priority workers (outstanding researchers and
professors, 40,000+ visas/yr
multinational executives, managers, persons with extraordinary
ability
2. Persons holding advanced degrees or having exceptional
ability 40,000+ visas/yr
3. Professionals (holding bachelors degree), skilled and
unskilled workers 40,000+ visas/yr
4. Special immigrants (includes religious
ministers) 9,900 visas/yr
5. Foreign
investors
9,000 visas/yr
you are eligible to sponsor yourself, your spouse and unmarried
children under age 21 can also immigrate to the U.S. with you as
your derivative family members.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
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Green Cards - Lawful Permanent Residence
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