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Family based petitions:
This is the most common pathway to become a Legal Permanent Resident (obtain a green card). The Immigration and Nationality Act provides unlimited number of immigrant visas for immediate relatives of US citizens. However, non- immediate relative and Legal Permanent Residents petitioners are subject to country and category limits on the number of visas available every year. According to the Immigration law, immediate relatives include:
- The Spouse of U.S. Citizen.
- An Unmarried child of U.S Citizen who is under the age of 21 years old.
- The Spouse of U.S. Citizen.
- An Unmarried child of U.S Citizen who is under the age of 21 years old.
Non-Immediate relatives include:
- Unmarried child of us citizen over 21 years old
- Spouse of legal permanent residents and unmarried children under 21 years old
- Married childen of us citizen no matter the age
- Brothers and sister of us citizen
Family based petitions:
This is the most common pathway to become a Legal Permanent Resident (obtain a green card). The Immigration and Nationality Act provides unlimited number of immigrant visas for immediate relatives of US citizens. However, non- immediate relative and Legal Permanent Residents petitioners are subject to country and category limits on the number of visas available every year. According to the Immigration law, immediate relatives include:
- The Spouse of U.S. Citizen.
- An Unmarried child of U.S Citizen who is under the age of 21 years old.
- The Spouse of U.S. Citizen.
- An Unmarried child of U.S Citizen who is under the age of 21 years old.
Non-Immediate relatives include:
- Unmarried child of us citizen over 21 years old
- Spouse of legal permanent residents and unmarried children under 21 years old
- Married childen of us citizen no matter the age
- Brothers and sister of us citizen
Non-citizens that are otherwise inadmissible to become Legal Permanent Resident can apply for certain waivers to overcome the inadmissibility issue.
Non-citizens who want to visit the United States for tourist or Business purposes can apply for a B1- B2 visa at the US Embassy in their countries unless qualifying under the Visa Waiver Program.
Non-citizens born after June 15, 1981 who came to the United States before their 16th birthday and can prove they were physically present in the United States on June 15th, 2012 and have continuously reside in the United States since then can be eligible to apply for Deferred Action Child Act DACA.
The U.S. Citizenship and Immigration Services may grant temporary protected status to nationals of certain counties that are already in the United States and cannot return to their countries due to certain reasons like an ongoing armed conflict, an environment disaster, and epidemic or other extraordinary and temporary conditions.
Non-citizens can request asylum if they can demonstrate they have suffered persecution in the past or will most likely suffer persecution in the future.
The process involves appearing before an immigration judge at an immigration court for non-citizens facing inadmissibility or deportability, whether in the US illegally or with a green card
Green card holders or Legal permanent residents for at least five years (three years if married to a U.S citizen) can apply and become US citizens if they are persons of good moral character, comply with the physical presence requirements, and are able to read, write and speak English. There are some exceptions to the language and civic test requirements.
Investors visa – Non-citizens wishing to live and work either temporary or as Legal Permanent Residents in the United States may obtain their status by investing in a US business. Investors and business owners may qualify if they meet certain criteria like the amount of the investment and treaties with the United States.
Depending on their qualifications and their expertise, non-citizens can obtain temporary or permanent visas to work legally in the United States.
In order to pursue a vocational, technical, master or doctoral degree in the U.S, non-citizen must obtain a student visa before starting any program.
Non-citizens with extraordinary abilities in the sciences, arts, athletics, education or business may apply and obtain a temporary visa to work in their fields in the United States.
Marie Javier, Esq. is a U.S. immigration attorney with nearly 20 years of experience in family-based immigration, deportation defense, and business visas. Serving clients in Miami, New York, Puerto Rico, and the Dominican Republic.