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Different Ways to Obtain a Green Card
(United States Permanent Residence Status)
By: Coleman Jackson, PC
Immigration & Tax Law Firm’s Site: www.cjacksonlaw.com
Phone Numbers: English (214) 599-0431 | Spanish (214) 599-0432
Apr 04, 2014
Except in very limited circumstances, in order for a foreign national to live
and work in the United States on a permanent basis, the immigrant needs
to obtain a Green Card which will grant them employment authorization. The
United States Citizenship and Immigration Services (USCIS) offer several ways
to become a Permanent Resident of U.S. The immigration process to obtain a
green card depends upon an immigrant’s facts and circumstances.
Following is the abstract of different immigration methods and who is eligible
to qualify for a green card under each circumstances.
1) Family Based Immigration
Relatives of U.S. Citizens
Spouse
Unmarried child (under the age of 21)
Unmarried stepchild (under the age of
21)
Adopted child (under the age of 18)
Parent or stepparent
Unmarried son or daughter (over the
age of 21)
Married son or daughter (any age)
Brother or sister
Relatives of Green Card holders
Spouse
Unmarried child (under the age of 21)
Unmarried stepchild (under the age of 21)
Adopted child (under the age of 18)
Unmarried son or daughter (over the age of 21)
2) Employment Based Immigration
Employment 1st Preference (EB-1): Priority Workers
People with extraordinary ability in
the sciences, arts, education, business
or athletics
Outstanding professors, educators or
researchers
Managers and executives subject to
international transfer to the United
States
Employment 2nd Preference (EB-2): Professionals holding advanced
degrees and persons of exceptional ability
Foreign nationals with exceptional
ability in the sciences, arts or business.
Professionals holding advanced
degrees (PhD, MD, MS, MA, etc)
Physicians who will practice medicine
in an area of the U.S. which is
underserved
People in EB2-d applying for National
Interest Waiver
Employment 3rd Preference (EB-3): Professionals, skilled workers and
unskilled workers (other workers)
Professionals with bachelor's degrees
(not qualifying for a higher preference
category)
Skilled workers (minimum two years
training and experience)
Other workers (requiring less than
two years of training or experience)
Employment 4th Preference (EB-4): Certain special immigrants
Religious workers
Employees and former employees of
the U.S. Government abroad
Employment 5th Preference (EB-5): Immigrant Investors
Alien entrepreneurs who invest
$500,000 in a commercial enterprise
in a Targeted Employment Area (TEA)
that will benefit the U.S. economy and
create full time employment for at
least 5 U.S. workers
Alien entrepreneurs who invest
$1,000,000 in a commercial enterprise
that will benefit the U.S. economy and
create full time employment for at
least 10 U.S. workers
3) Green Card Lottery
Through the Diversity Immigrant Visa
Program (DV Lottery), the United States
Government issues 50,000 Green Cards for
citizens of certain countries. Applicants are
selected randomly by a computer generated
drawing. The selectees and their families are
authorized to live and work permanently in
the United States.
4) Adoption
Adopted children (under the age of 18) by
U.S. citizens or legally permanent resident
are authorized to apply for a Green Card.
5) Registry
Registry is a section of immigration law that
enables foreign nationals who are living in
the United States continuously since
entering on or before January 1, 1972 and
the foreign nationals are not otherwise
excludable or removable.
Under this registry section an applicant need
to file Application Form I-485 to obtain a
permanent Green Card.
6) Private Bill
Private bills are a form of relief from
immigration laws and are generally
reserved for the most compelling cases. In
the legislative process, private bills are
treated like any other law, going though the
committee process to a vote by the full
Congress (House of Representatives or
Senate).
7) Diplomats
Under Section 13 of the Immigration and
Nationality Act (INA), an individual is
allowed to enter in the United States under
diplomatic status to obtain a permanent
residence. The applicant needs to file Form
I-485 to register permanent Residence.
8) Asylum
Asylum is a form of relief and protection
available to aliens who have been
persecuted or have a well found fear of
future persecution on account of their race,
religion, nationality, membership in a
particular social group, or political opinion,
if they were to return to their home country
or country of last habitual residence.
Foreign nationals who are arriving or already in the U.S., regardless of their
immigration status, can apply for asylum, but they need to file within a year of
entry into the United States.
9) Refugee
Aliens displaced by war, famine, and
civil and political unrest or, unable or
unwilling to return to their home
country because of persecution or a
well founded fear of persecution.
Aliens in their home country who have
experienced persecution in the past or
have a well founded fear of
persecution in the future.
10) Members of the Armed Forces
Under this category an applicant can obtain
a Permanent Resident if (s)he is a member
of the armed forces for over 12 years. The
applicant must be a national of a country
that has a treaty with the United States
which allows them to enlist in the armed
forces in addition to being recommended by
the executive branch of the armed services.
11) Special Immigrants
Religious Workers
Former employees of U.S. Government
Former employees of the Panama
Canal Zone
Retired employees of International
Organizations
Employees of International Broadcasting Companies
Abused spouses and children of U.S. Citizens or Green Card holders
Permanent Residents who departed the U.S. for more than 12 months
Foreign children declared dependent in U.S. juvenile courts
This Presentation is written by the law office of Coleman Jackson, PC for informational and
educational purposes only. Laws, policies and procedures are subject to change. Our educational slide
presentations and blogs do not create an attorney-client relationship.
Coleman Jackson, PC
Immigration & Tax Law Firm
6060 North Central Expressway
Suite 443
Dallas, Texas 75206
Law Firm Site: www.cjacksonlaw.com
Main Line: 214-599-0431 | Spanish Line: 214-599-0432

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Different Ways to Obtain a Green Card (United States Permanent Residence Status)

  • 1. Different Ways to Obtain a Green Card (United States Permanent Residence Status) By: Coleman Jackson, PC Immigration & Tax Law Firm’s Site: www.cjacksonlaw.com Phone Numbers: English (214) 599-0431 | Spanish (214) 599-0432 Apr 04, 2014 Except in very limited circumstances, in order for a foreign national to live and work in the United States on a permanent basis, the immigrant needs to obtain a Green Card which will grant them employment authorization. The United States Citizenship and Immigration Services (USCIS) offer several ways to become a Permanent Resident of U.S. The immigration process to obtain a green card depends upon an immigrant’s facts and circumstances. Following is the abstract of different immigration methods and who is eligible to qualify for a green card under each circumstances. 1) Family Based Immigration Relatives of U.S. Citizens Spouse Unmarried child (under the age of 21) Unmarried stepchild (under the age of 21) Adopted child (under the age of 18) Parent or stepparent Unmarried son or daughter (over the age of 21) Married son or daughter (any age) Brother or sister
  • 2. Relatives of Green Card holders Spouse Unmarried child (under the age of 21) Unmarried stepchild (under the age of 21) Adopted child (under the age of 18) Unmarried son or daughter (over the age of 21) 2) Employment Based Immigration Employment 1st Preference (EB-1): Priority Workers People with extraordinary ability in the sciences, arts, education, business or athletics Outstanding professors, educators or researchers Managers and executives subject to international transfer to the United States
  • 3. Employment 2nd Preference (EB-2): Professionals holding advanced degrees and persons of exceptional ability Foreign nationals with exceptional ability in the sciences, arts or business. Professionals holding advanced degrees (PhD, MD, MS, MA, etc) Physicians who will practice medicine in an area of the U.S. which is underserved People in EB2-d applying for National Interest Waiver Employment 3rd Preference (EB-3): Professionals, skilled workers and unskilled workers (other workers) Professionals with bachelor's degrees (not qualifying for a higher preference category) Skilled workers (minimum two years training and experience) Other workers (requiring less than two years of training or experience)
  • 4. Employment 4th Preference (EB-4): Certain special immigrants Religious workers Employees and former employees of the U.S. Government abroad Employment 5th Preference (EB-5): Immigrant Investors Alien entrepreneurs who invest $500,000 in a commercial enterprise in a Targeted Employment Area (TEA) that will benefit the U.S. economy and create full time employment for at least 5 U.S. workers Alien entrepreneurs who invest $1,000,000 in a commercial enterprise that will benefit the U.S. economy and create full time employment for at least 10 U.S. workers
  • 5. 3) Green Card Lottery Through the Diversity Immigrant Visa Program (DV Lottery), the United States Government issues 50,000 Green Cards for citizens of certain countries. Applicants are selected randomly by a computer generated drawing. The selectees and their families are authorized to live and work permanently in the United States. 4) Adoption Adopted children (under the age of 18) by U.S. citizens or legally permanent resident are authorized to apply for a Green Card.
  • 6. 5) Registry Registry is a section of immigration law that enables foreign nationals who are living in the United States continuously since entering on or before January 1, 1972 and the foreign nationals are not otherwise excludable or removable. Under this registry section an applicant need to file Application Form I-485 to obtain a permanent Green Card. 6) Private Bill Private bills are a form of relief from immigration laws and are generally reserved for the most compelling cases. In the legislative process, private bills are treated like any other law, going though the committee process to a vote by the full Congress (House of Representatives or Senate). 7) Diplomats Under Section 13 of the Immigration and Nationality Act (INA), an individual is allowed to enter in the United States under diplomatic status to obtain a permanent residence. The applicant needs to file Form I-485 to register permanent Residence.
  • 7. 8) Asylum Asylum is a form of relief and protection available to aliens who have been persecuted or have a well found fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, if they were to return to their home country or country of last habitual residence. Foreign nationals who are arriving or already in the U.S., regardless of their immigration status, can apply for asylum, but they need to file within a year of entry into the United States. 9) Refugee Aliens displaced by war, famine, and civil and political unrest or, unable or unwilling to return to their home country because of persecution or a well founded fear of persecution. Aliens in their home country who have experienced persecution in the past or have a well founded fear of persecution in the future.
  • 8. 10) Members of the Armed Forces Under this category an applicant can obtain a Permanent Resident if (s)he is a member of the armed forces for over 12 years. The applicant must be a national of a country that has a treaty with the United States which allows them to enlist in the armed forces in addition to being recommended by the executive branch of the armed services. 11) Special Immigrants Religious Workers Former employees of U.S. Government Former employees of the Panama Canal Zone Retired employees of International Organizations Employees of International Broadcasting Companies Abused spouses and children of U.S. Citizens or Green Card holders Permanent Residents who departed the U.S. for more than 12 months Foreign children declared dependent in U.S. juvenile courts This Presentation is written by the law office of Coleman Jackson, PC for informational and educational purposes only. Laws, policies and procedures are subject to change. Our educational slide presentations and blogs do not create an attorney-client relationship. Coleman Jackson, PC Immigration & Tax Law Firm 6060 North Central Expressway Suite 443 Dallas, Texas 75206 Law Firm Site: www.cjacksonlaw.com Main Line: 214-599-0431 | Spanish Line: 214-599-0432