IMMIGRANT : PERMANENT GREEN CARD : (FAMILY BASED)

Immediate Relative Category:

U.S. citizens over the age of 21 can petition for parents, and unmarried children under 21. U. S citizens should be at least 18 years of age in order sponsor spouses since the minimum age to file the affidavit of support is 18. Co-sponsor cannot file an affidavit of support if the U. S citizen sponsor is below 18 years. There is no quota or limit and, therefore, no waiting period for “Immediate Relatives” of U.S. Citizens to receive immigrant visa and to receive permanent resident status. Separate petitions should be filed for spouses and all children under 21 in order to receive visa since there is no derivative status for children under 21 of US children unlike children under 21 of LPRs. Under the new CSPA rules the age of child on the date of filing of the petition will be the age at the time of issuance of the visa. In other cases the age and status of the beneficiary at the time of naturalization of the petitioner will be counted.

Preference Category:

Relatives in the following “preference” categories are subject to limits on the number of visas that can be issued each year. All the preference category has long waiting period ranging from one and half years to up to 13 years for people from India and Pakistan. Please refer to the Visa Numbers availability chart on the next page published by State Department.

First Preference - Unmarried sons or daughters (over 21) of U.S. citizens. Right now there is a waiting period of almost three years in order to become eligible to apply for visa or adjustment of status if physically present in US. The beneficiaries should remain unmarried in order to obtain visa under this category. Derivative status available to children under 21.

Second Preference – (2A) Spouses and unmarried children (under 21) of LPRs; (2B) Unmarried sons and daughters (over 21) of LPRs. Right now there is a waiting period of more than 5 years under 2A category, and more than 7 years under 2B category in order apply for the visa or adjustment of status if physically present in US. Under 2A category, there is no need to file separate petitions for the spouses and children provided the petitioner is an LPR and maintains that status until they receive the immigrant visa or adjust status, provided the children are still under 21 when they enter US on an immigrant visa, or adjust status to that of permanent resident if physically present in US. If the petitioner LPR intends to apply for Naturalization, in order to avail immigrant visas under IR category, separate immigrant petitions should be filed at the very first time for spouses and children under 21, since there is no derivative status under IR category.

Third Preference - Married sons and daughters of U.S. citizens. Right now there is a waiting period of more than 6 years under this category in order apply for the visa or adjustment of status in US. The accompanying children should be under 21 when they apply for the visa, and when they enter US. CSPA provides some relief to children crossed 21 after 08/06/2002.

Fourth Preference - Brothers and sisters of U.S. citizens. Right now there is a waiting period of more than 12 years under this category in order apply for the visa or adjustment of status in US. The accompanying children should be under 21 when they apply for the visa, and also when they enter US. CSPA provides some relief to children crossed 21 after 08/06/2002.

IMMIGRANT: PERMANENT GREEN CARD : (EMPLOYMENT BASED)

EB1 - First Preference:This includes, Persons of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Executives and Managers. The alien can directly file the petition with the US CIS for approval for permanent residency without the time-consuming process of labor certification.

EB2 - Second Preference:This includes Members of Professions holding Advanced Degrees or Aliens of Exceptional Ability. Most EB2 candidates must have a job offer and the employer must complete the labor certification process. The labor certification involves testing of the job market to show that the potential visa holder is not taking away a job from a U.S. worker. If the individual can show that his/her entry is in the national interest the job offer and LC requirements can be waived.

EB3 - Third Preference:This includes, Skilled Workers, Professionals and other Workers. Professionals should have a US bachelor degree or its equivalent or combination of education and experience. Skilled workers should have two years training or experience to do the skilled job, and other workers includes any job which does not require any skill to do. In all these categories the US employer should file application for Labor Certification, then file petition with the INS, before a visa can be obtained to enter US as an immigrant. The spouse and unmarried children under 21 can also enter on immigrant visa as dependents of the principal beneficiary. In most cases under the present circumstances it may take years to go through these steps and gain permanent resident status. Experience gained from the same employer cannot be used to substitute degree requirements.

EB4 - Fourth Preference:This includes persons such as Religious Workers, Commuters from Border, Retired G-4, Returning Residents and Ministers of religion. Again the US employer should be a non profit religious organization with 501(c) tax exemption status, and should file petition with the USCIS for approval, before the alien can apply for immigrant visa at a US consulate or adjustment of status if present in US. Religious workers are not eligible for preference under this category after 09/30/2003.EB5 - Fifth Preference:There are two investor groups under the program - people who invest at least $500,000 in "targeted employment areas" (rural areas or areas experiencing high unemployment of at least 150% of the national average) and those who invest $1,000,000 in other areas. Not less than 3,000 of the annual allotment of visas in this category must go to the targeted employment areas. Even though 10,000 visas are available since 1990, only very few people have applied under this country and gained permanent residency status, because of the huge amount of investment that should be put at risk, and the complexities of obtaining the same.