An Introduction to Permanent Immigration to the United States
Lawful permanent residency program in the United States offers foreign nationals a path to permanent immigration to the United States and benefits individuals such as the freedom to live and work permanently in the US.
Our firm is dedicated to providing you with a complete online database of immigration information and assisting you with obtaining your permanent residency in the United States. Permanent Residency may be obtained in the United States broadly under the following categories:
A. PERMANENT RESIDENCY THROUGH FAMILY
a. Relative of a US Citizen or relative of a US Citizen/Permanent Resident:
- Immediate Relatives such as the spouse, parents, and unmarried children under the age of 21 of a U.S. citizen are eligible for lawful permanent residency
- Family Member of US Citizens such as unmarried son or daughter 21 years old or older, Married son or daughter, brother or sister who is at least 21 years old are eligible F2B, F-3 ad F4 preference immigrant categories;
- Family members of Lawful US Permanent Resident such as spouse and child under the age of 21 are eligible to obtain permanent residency;
b. Fiance(e) of a US Citizen: If are admitted to the United States on a K-1 visa (fiancé) of a US Citizen or K-2 visa (the child of a fiancé(e) of a U.S. citizen) then you may be eligible for the lawful permanent visa. The K Visas are hybrid temporary/permanent visas in that they are a necessary step in the process of attaining LPR for future spouses of U.S. citizens but do not independently provide permanent resident status
c. Widower of a US Citizen: A widower, who was married to a US citizen at the time of death may petition for lawful permanent status in the US.
d. Victim of battery or extreme cruelty: A person who is a victim of battery or extreme cruelty by a US citizen or a US legal permanent resident may be eligible to self petition and obtain lawful permanent status in the US.
B. PERMANENT RESIDENCY THROUGH EMPLOYMENT
a. Immigrant Worker: This is divided into the following categories
- EB-1: Immigrant workers who are deemed to be aliens with extraordinary ability in the field of sciences, arts, education, business, athletics (EB-1A), outstanding professors or researchers (EB-1B), and certain multinational managers and executives who are transferred from a qualifying foreign entity to a related US entity (EB-1C) are eligible to obtain lawful permanent residency in the United States. Under this priority category, no labor certification is required and the eligible person may be able to petition with or without employer sponsorship depending on which category the person qualifies above
- EB-2: The second preference employment category is primarily for persons holding an advanced degree. A permanent job offer and an approved labor certification are required by petitioning the employer under this category. Foreign nationals with exceptional ability in the field of sciences, arts, or business and seeking a national interest waiver (NIW) are also eligible under this category. The requirement of approved labor certification and the permanent job offer is waived for persons eligible under the NIW category. Physicians who practice in a designated underserved area for a specific period, may self-petition under this category.
- EB-3: Under this preference category professionals, skilled and unskilled workers become eligible to obtain permanent residency. To be eligible foreign nationals must possess at least a US bachelor’s degree or equivalent, have 2 years of experience or training, not of a temporal or seasonal nature, or be performing unskilled labor requiring less than 2 years of training, education, or experience. Labor certification and a permanent job are required under this employment preference category.
- EB-4: This category is primarily for religious workers. However, few retired employees of international organizations, certain long-term employees of the US government, members of the US armed force, certain international broadcasters, etc are also eligible for lawful permanent residency under this category.
b. Immigrant Investor (EB-5): Under this category, certain foreign nationals who invest an eligible amount of US dollars, become eligible for lawful permanent residency. The investment amount in the targeted employment area is lesser than the general investment area. USCIS has recently revised the regulations to modernize the investment program.
a. Refugee and Asylee: A refugee who has been physically present in the United States for at least or an asylee who has been granted asylum in the United States for at least one year and has been physically present in the United States may be eligible to apply for lawful permanent residency;
b. Human Traffic Victim: A person possessing a T visa may be eligible to obtain a permanent visa under this category.
c. Crime Victim: Certain Crime Victims who have been granted U visa, may be considered eligible to obtain permanent residency to the United States along with their family numbers
d. Diversity Visa: Under the Diversity Visa Program, up to 50,000 visas are made available annually, to individuals who are from countries with low rates of immigration to the United States. Winners are drawn from random selection among all entries received under this program and they become eligible to live and work in the United States permanently.