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Chavarro Law Firm has represented many families helping them accomplish their goal of being legal residents of the United States.
There are several ways to obtain permanent residence in the United States (family petition, employment, investment, U visa, asylum, etc.) and there are two types of processes to apply for residency depending on whether the person is physically in the United States and qualifies for adjustment of status, that is to apply for residency in the United States, or if the person is outside the country or is in the United States but does not qualify to adjust status within the United States, the process is done by means of consular process through the US embassies or consulates abroad.
You will be able to aspire to legal residency in the United States through a family petition, or a petition based on employment or investment, or through a humanitarian benefit such as asylum, VAWA or U visa. The process to follow will depend on whether you are in the United States and qualify to apply for residency within this country. In that case you apply for an adjustment of status.
On the other hand, if you are outside the United States or live in the United States but do not qualify for adjustment of status, the process to obtain residency is done through consular process.
US citizens can file family petitions for their spouses, minor or adult children (single or married), their parents, and siblings. Spouses, children under 21 years of age, and parents are considered immediate relatives and are not subject to waiting lists. Children over the age of 21 and siblings are subject to waiting lists while visas are available for them which can take years.
Legal permanent residents of the United States can petition for their spouses, and children under or over 21 years of age, as long as those children remain unmarried. These relatives are subject to different waiting lists depending on the category of family preference and must wait for a visa to be available for them. The wait is typically shorter for spouses and children under 21 than for children over 21.
The process to obtain legal permanent residency for relatives of citizens or legal permanent residents of the United States can be done through adjustment of status, if the relative is in the United States and meets the requirements, or through consular processing, if the relative is outside the United States or is within the United States but does not qualify to apply for adjustment of status.
The immigration laws of the United States offer several ways for an alien to become a lawful permanent resident (obtain residency or Green Card). One of those ways to obtain residency is through a job or investment in the United States. Employment-based “preferential immigrant” (EB) categories include:
- First preference (EB-1) – priority workers
- Aliens of extraordinary ability in the sciences, arts, education, business, or sports.
- Outstanding Professors and Researchers.
- Certain multinational managers or executives.
- Second Preference (EB-2) – foreigners who are members of the professions that require a graduate degree or have exceptional aptitude (including applications for a national interest exemption).
- Third Preference (EB-3) – Skilled Workers, Professionals, and Other Workers.
- Fourth Preference (EB-4) – religious workers and special youth immigrants.
- Fifth Preference (EB-5) – Immigrant Investors.
Permanent legal residence in the United States can be achieved through humanitarian benefits such as:
Asylum: A person whose asylum has been approved in the United States can apply for legal permanent residency after 1 year of obtaining asylum.
U Visa: A person whose U visa has been approved in the United States can apply for permanent legal residency after 3 years of obtaining the U visa.
VAWA: A person who has obtained VAWA (benefit for people who have been victims of abuse or cruelty by a spouse, father or mother, or child who is a citizen or legal permanent resident of the United States) can apply to obtain legal permanent residency as soon as the VAWA petition is approved.
Adjustment of status is the process used to apply for lawful permanent resident status when you are present in the United States. This means that you can obtain a resident card without having to return to your home country to complete the visa process.
To qualify to adjust status in the United States, the person is required to meet the legal requirements according to the category under which they apply (family, employment or humanitarian petition). It is important to consult with an experienced immigration attorney before applying to ensure that you meet all the requirements.
The consular process is the process by which the beneficiary of a family petition or a petition based on work or investment who is outside the United States, or is in the United States but does not qualify for adjustment of status, can obtain an immigrant visa (which confers permanent residency) at a U.S. Consulate or Embassy abroad. An immigrant visa petition must have been approved in favor of the person applying and a visa must be immediately available for that person. The person benefited with the petition (beneficiary), must apply for an immigrant visa at the consulate or embassy of the United States in their country. If the visa is approved, the person will be admitted as a permanent resident once they arrive in the United States. It is highly recommended to consult an experienced immigration attorney before applying to ensure that you meet all the requirements.
Do you want to live legally in the United States? Attorney Paola Chavarro explains the ways to become a legal resident in the country.
Are you a legal resident or U.S. citizen and dream of bringing your family to live in the United States? In this video, Attorney Paola Chavarro tells us which family members you can petition for and how to do it.
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