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| Copyright ©2006 by Deming, Parker, Hoffman, Campbell & Daly, L.L.C. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the above copyright notice. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
| Immigration Law |
- The general requirements for administrative naturalization include:
- a period of continuous residence and physical presence in the United States;
- residence in a particular USCIS District prior to filing;
- an ability to read, write, and speak English;
- a knowledge and understanding of U.S. history and government;
- good moral character;
- attachment to the principles of the U.S. Constitution; and,
- favorable disposition toward the United States.
modified or waived for certain applicants, such as spouses of U.S. Citizens. Applicants should review the materials listed under "Related Links" and
carefully read the N-400 application instructions before applying.
Lawful Permanent Resident Status (Green Card)
How Do I Become a Lawful Permanent Resident While in the United States?
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-
step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative.
Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States,
you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. Consulate to complete
the processing for an immigrant visa.)
Immigration through a Family Member
Overview and Process
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to
become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent
resident, you must go through a multi-step process.
The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be
accompanied by proof of your relationship to the requesting relative.
If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available
to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes
available, you must then go to the U.S. Consulate servicing the area in which you reside to complete your processing. This is the other way to secure an
immigrant visa number.
Eligibility
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
- They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
- They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
- Husband or wife
- Unmarried child under 21 years of age
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister, if the sponsor is at least 21 years old, or
- Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
- Husband or wife, or
- Unmarried son or daughter of any age.
- In any case, the sponsor must be able to provide proof of the relationship.
Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference
category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. Citizens, which
includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the
visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories
must wait for an immigrant visa number to become available according to the following preferences:
- First preference: Unmarried, adult sons and daughters of U.S. Citizens. Adult means 21 years of age or older.
- Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of
lawful permanent residents. - Third Preference: Married sons and daughters of U.S. Citizens.
- Fourth Preference: Brothers and sisters of adult U.S. Citizens.
Once USCIS receives your visa petition (Form I-130, Petition for Alien Relative), it will be approved or denied. USCIS notifies the person who filed the visa
petition of the petition was approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will
remain until an immigrant visa number is available. The Center will notify the foreign national when the visa petition is received and again when an
immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your
personal situation, or that of your sponsor, that may affect eligibility for an immigrant visa, such as reaching age 21, marriage, divorce, or death of a
spouse.
Immigration through Employment
Overview
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based
on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful
permanent residency based on permanent employment in the United States, you must go through a multi-step process.
First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful
permanent residency.
Second, most employment categories require that the U.S. Employer complete a labor certification request (Form ETA 750) for the applicant, and submit it
to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians
who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services
are relieved from this requirement.
Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The
employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is
needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary)
who wants to live and work on a permanent basis in the United States.
Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant
receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the
Department of State's Visa Bulletin.
Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If
the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at
his or her local U.S. Consulate office.
Eligibility
There are four categories for granting permanent residence to foreign nationals based upon employment:
- EB-1 Priority workers
Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
Foreign national that are outstanding professors or researchers
Foreign nationals that are managers and executives subject to international transfer to the United States
- EB-2 Professionals with advanced degrees or persons with exceptional ability
Foreign nationals of exceptional ability in the sciences, arts or business
Foreign nationals that are advanced degree professionals
Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.
- EB-3 Skilled or professional workers
Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
Foreign national skilled workers (minimum two years training and experience)
Foreign national unskilled workers
- EB-4 Special Immigrants
Foreign national religious workers
Employees and former employees of the U.S. Government abroad
- EB-5 Investment Immigrants
Foreign national investing the required amount of capital into a new commercial enterprise
How to Apply?
If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form I-140,
Petition for Alien Worker. Detailed information is provided in the instructions for Form I-140. Filing requirements differ for each of the five categories.
The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more
about the Department of State's visa process visit the Department of State website for specific information on how to get an immigrant visa number.
Where do I apply?
If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form I-140, Petition for Alien Worker must be filed
at the USCIS Service Center. Detailed filing information is provided in the instructions for Form I-140.
For EB-4 special workers, the foreign national or employer must file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS
Service Center. Detailed filing information is provided in the instructions for Form I-360.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-
765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident,
you should receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling
outside the United States. This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will
abandon your application with USCIS and you may not be permitted to return to the United States.
How Can I Appeal?
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee
are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.
Non-Immigrant Visas
A nonimmigrant is a foreign national seeking to enter the United States (U.S.) temporarily for a specific purpose. Non-immigrants enter the U.S. for a
temporary period of time, and once in the U.S. are restricted to the activity or reason for which their visa was issued. They may have more than one type
of nonimmigrant visa but are admitted in only one status.
General requirements for foreign nationals seeking temporary admission include, but are not limited to, the following:
- The purpose of the visit must be temporary;
- The foreign national must agree to depart at the end of his/her authorized stay or extension;
- The foreign national must be in possession of a valid passport;
- A foreign residence must be maintained by the foreign national, in most instances;
- The foreign national may be required to show proof of financial support;
- The foreign national must be admissable or have obtained a waiver for any ground of inadmissability;
- The foreign national must abide by the terms and conditions of admission.
Temporary Visitors to the U.S.
Most Canadian citizens and many citizens from Visa Waiver Program countries can come to the U.S. without a visa if they meet certain requirements. Visa
waiver travelers from ALL 27 Visa Waiver Program countries must present a machine-readable passport at the U.S. port of entry to enter the U.S. without
a visa, otherwise a U.S. visa is required.
Nonimmigrant visas are for international travelers, (citizens of other countries), coming to the U.S. temporarily. This visa allows you to travel to a U.S. port-
of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not
guarantee entry into the United States.
International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work.
The type of visa needed is defined by immigration law, and relates to the principal purpose of your travel. The Consular Officer at your embassy or
consulate will decide what kind of visa you need, when you apply.
For more detailed information specific to each visa type, review the chart below.
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Green, Campbell & Daly, L.L.C. |
| ___________________________________________________________________________________________________ |
| _________________________________________________________________________________________________________ |
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
| Deming, Parker, Hoffman, Campbell & Daly, L.L.C. |
| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
| _________________________________________________________________________________________________________ |
| _________________________________________________________________________________________________________ |
Naturalization
Naturalization is the process by which U.S. Citizenship is conferred upon a foreign citizen or national after he or she
fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
Naturalization is the process by which U.S. Citizenship is conferred upon a foreign citizen or national after he or she
fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
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