GREEN CARDS
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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