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Obtaining Permanent Residence in the U.S.

http://shusterman.com This presentation discusses how to obtain a green card through Adjustment of Status. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html Adjustment of status is the process by which an immigrant obtains a green card within the US. To do so, he/she must submit form I-485 to the USCIS together with the proper filing fee and documentation. If he is sponsored by a US citizen spouse,parent or son or daughter, and he entered the US lawfully, he can adjust his status in the US. This is true even if he overstayed his lawful status. If he is sponsor by an employer, and entered the US lawfully, he can adjust status in the US as long he did not overstay his visa or engage in unauthorized employment for more than 180 days since his latest admission into the US. See http://shusterman.com/newsletterusimmigrationmarch2012/#9 If he had a labor certification, I-130 or I-140 visa petition filed on his behalf (or on behalf of one of his parents while he was child) on or before April 30, 2001, he can pay a fine and adjust his status in the US under section 245(i). See http://shusterman.com/greencardsusing245i.html Our 7 immigration attorneys have successfully assisted thousands of clients in obtaining permanent residence through adjustment of status during the past 30 years. For more information please visit our Adjustment of Status Page: https://shusterman.com/adjustmentofstatus.html

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Obtaining Permanent Residence in the U.S.

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  1. Obtaining Permanent Residence in the U.S. Carl Shusterman Pincus Immigration Boot Camp March 4th, 2011

  2. How to Obtain Permanent Residence: • Employment • Relatives • Visa Lottery • Investment • Asylum

  3. Green Cards Through U.S. Citizen Family Members • Immediate relatives • 1st preference: Unmarried sons and daughters of citizens (over age 21) • 3rd preference: Married sons and daughters of citizens • 4th preference: Brothers and sisters of adult citizens

  4. Green Cards Through Legal Permanent Resident (LPR) Family Members • 2nd preference • “2A”- Spouses and children of LPRs • “2B”- Unmarried sons and daughters (over 21 years old) of LPRs

  5. The Visa Bulletin • Released by the State Department about 2-3 weeks before any given month • Worldwide: all countries excluding those listed March Visa Bulletin 2011, Family Category. Source: shusterman.com/statedepartmentvisabulletin.html

  6. Green Cards Through Family: Procedure • Petitioner (qualifying citizen or LPR family member) submits I-130 for beneficiary • Receipt date for the I-130 serves as the “priority date” in reference to the visa bulletin

  7. Adjustment of Status • Form 1-485 serves to “adjust” the immigrant’s status to LPR • May adjust status in the U.S. if currently residing in the U.S. in legal status • Otherwise, must apply for an “immigrant visa” with a U.S. Embassy or Consulate abroad. • 3/10 year bar?

  8. Section 245 (i) • “Magic” date: April 30th, 2001 • Physical presence requirement • Employment or family petitions filed before this date can qualify and are transferrable to a different category

  9. Green Cards Through Employment • 1st preference: Priority workers • 2nd preference: Advanced degrees or “exceptional ability” • 3rd preference: Skilled workers and professionals • 4th preference: “Special” immigrants • 5th preference: Investors

  10. Priority Workers (EB-1) • Persons of Extraordinary Ability • Outstanding Professors and Researchers • Multinational Managers and Executives

  11. Persons with Advanced Degrees or Exceptional Ability (EB-2) • M.D., J.D., Ph.D, Masters or Bachelors Plus Five Years • PERM Requirement – recruiting U.S. workers • National Interest Waivers – for physicians • National Interest Waivers – for others

  12. Professional and Skilled Workers (EB-3) • Persons whose jobs require 4-year degree • Persons whose jobs require 2 years of experience • PERM Requirement – recruiting U.S. workers

  13. Green Cards Through Employment Procedure • Demonstrate that there are no qualified U.S. workers for position • Prevailing wage requirement • Advertisements in print media, internet, job fairs, etc.

  14. PERM • Ensures that employer is hiring for a position in which no qualified and willing U.S. workers exist • Labor certification required for the 2nd and 3rd preference petitions • PERM receipt date serves as priority date • When PERM is approved, the employer may file the immigrant visa petition (I-140) to USCIS

  15. Exceptions to PERM • National Interest Waivers • Shortage occupations (Schedule A): registered nurses and physical therapists • 1st preference category petitions never require PERM

  16. Visa Bulletin: Employment category • “Current” indicates no backlog March Visa Bulletin 2011. Source: shusterman.com/statedepartmentvisabulletin.html

  17. Other employment categories • Special immigrants: religious workers • “Employment creation”- Investors • Must create at least 10 jobs for U.S. workers • Government-approved regional centers

  18. Green Cards through Employment Waiting Times: • Annual Numerical Cap – 140,000 including Spouses and Children • Visa Bulletin – Published Monthly by State Department • Per-Country Limitations - 7% Requirement • Countries with Significant Backlogs • Grounds of Inadmissibility

  19. How to Obtain Additional Information and Stay Updated • Immigration laws, regulations & procedures are always changing • Our website –www.shusterman.com • Contains thousands of articles/links • U.S. Immigration daily news ticker • Free, monthly e-mail newsletter – over 60,000 Subscribers

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