GREEN
CARD
There are several ways to obtain legal residency in the U.S., such as
family-based or employment-based sponsorship, political asylum,
business investment of one million dollars in a new enterprise, the lottery
and even deportation. For this quick presentation, we discuss the most
popular ways:
Family-based immigration:
When a relative sponsors an immigrant, there are different categories which
may be subject to a
visa quota .
Parents, spouse and minor children of a U.S. citizen are considered
immediate relatives and are not subject to a quota. A visa is immediately
available for these beneficiaries, but the processing time to become a
permanent resident is lengthy both in the United States and in foreign
countries. We can assist in eliminating unnecessary delays by filing the
appropriate documents in the order dictated by the INS. We can also assist
in getting you work authorization and possibly a travel permit while waiting
for the processing, which is about one year in Southern California. In some
instance, the alien cannot leave the U.S. until the processing is complete.
Marriage to a US citizen does not guarantee an alien a right to live in this
country. One must qualify for that benefit and there may be restrictions
which prevent a successful immigration. We can provide you with the best
advice and preparation so that the application is filed correctly to avoid
delays or even the denial of your petition.
Employment-based immigration:
Another common way to get a green card is through employer
sponsorship. This usually involves a labor certification to show that the
immigrant will not displace any American worker for the position offered. We
can evaluate the case and will not give you false hopes. It is highly
recommended that you retain our services because it is a complicated process
requiring persuasive and clear presentation to both the Dept. of Labor and
the BCIS. Please note that starting the process does not grant you
permission to stay and/or work in the U.S. unless you have another benefit
available such as a non-immigrant visa (see
visas). Upon approval of this labor
certification, an immigrant petition signed by your employer will be sent
and processed by the BCIS. This petition being approved, the alien can
either adjust his status, which allows him to stay in the U.S. or go back to
his home country at the American Consulate.
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