Obtaining Lawful Permanent Residency: A Comprehensive Guide

Lawful Permanent Residence (LPR) status gives individuals the right to live and work in the United States on a permanent basis. LPRs can also petition for residency for immediate family members, accept employment without restrictions, own property, and join the Armed Forces. There are several ways to become an LPR, including sponsorship by an immediate relative or employer, being granted refugee or asylum status, winning the diversity visa lottery, or falling into a special category such as investors or religious workers. The process can be lengthy and difficult, and applicants must meet strict eligibility criteria.

Sponsoring family members

The family members you can sponsor fall into two main categories: immediate relatives and preference relatives. Immediate relatives include spouses, unmarried children under 21, and parents. There is no limit on the number of visas available for this category, and they can obtain their green cards without waiting for a visa number to become available.

On the other hand, preference relatives include unmarried adult children (21 or older), married children, and siblings. There is a limited number of visas available for this category each year, and they typically have to wait several years before being allowed to apply for their green card. The length of the wait depends on their preference category and the country they are applying from.

To sponsor a family member, you need to submit a United States Citizenship and Immigration Services (USCIS) Form I-130, Petition for Alien Relative. You must provide proof of your permanent resident status and submit evidence of your relationship, such as birth certificates, marriage certificates, or divorce decrees. Each sponsored family member requires a separate Form I-130.

It's important to note that lawful permanent residents cannot sponsor their parents, married children, or siblings. Additionally, U.S. citizens and lawful permanent residents cannot directly sponsor their grandparents, cousins, aunts, uncles, parents-in-law, or other extended family members. However, if your family member is already in the U.S. legally, they may be able to adjust their status to become a permanent resident using Form I-485.

Sponsoring employers

To sponsor a foreign national for residency, a U.S. employer must prove that there are no qualified, willing, or able American workers for the position being sponsored. The employer must also agree to pay a certain required wage to the foreign national upon the issuance of the green card. However, there are exceptions to these requirements, such as for individuals with extraordinary abilities, outstanding researchers, multinational managers, or foreign nationals performing work of national interest.

The number of green cards available to foreign nationals through employment sponsorship is limited, and there may be a long waiting period for applicants. The waiting period depends on the preference category of the application, which includes:

• First preference: applicants with extraordinary abilities in arts, sciences, education, business, or athletics; outstanding professors and researchers; and certain managers and executives of multinational companies.
• Second preference: professionals with advanced degrees or exceptional abilities.
• Third preference: skilled and professional workers.
• Fourth preference: religious workers and miscellaneous categories of special immigrants.
• Fifth preference: employment creation visas for investors who invest either $1 million or $500,000 (if the business is located in a Targeted Employment Area) into a U.S. business that creates or sustains at least 10 full-time jobs.

It's important to note that, in most cases, a job offer is required before an immigrant can seek a green card, and the employer needs to initiate and actively participate in the application process. However, a job offer is not necessary for investors, workers of "extraordinary ability," and workers with "exceptional ability."

Refugee or asylum status

Refugees and asylees can apply for lawful permanent residence (a Green Card) in the US after one year of physical presence in the country. This is a legal requirement, and the one-year period is calculated from the date that the I-94, Arrival-Departure Record, was issued.

Eligibility for Adjustment of Status

To be eligible for a Green Card as a refugee, you must meet the following requirements:

• You must file Form I-485, Application to Register Permanent Residence or Adjust Status.
• You were admitted into the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA).
• You are physically present in the United States when you file your Form I-485.
• You have been physically present in the United States for at least one year after your admission as a refugee at the time you file your Form I-485.
• Your refugee status has not been terminated.
• You have not already acquired permanent resident status.
• You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other forms of relief.

Grounds of Inadmissibility

To qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in the INA 212(a) and are called grounds of inadmissibility. Certain grounds of inadmissibility do not apply to refugee adjustments. In addition, some grounds of inadmissibility may be waived for refugees applying for adjustment of status. See Form I-602, Application by Refugee for Waiver of Grounds of Excludability. If a waiver or other form of relief is granted, your application for a Green Card may be approved if you are otherwise eligible.

What to Submit (Principal Applicant)

If you are the principal applicant, you should submit the following documentation and evidence to apply for a Green Card:

• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Proof of your admission as a refugee (such as a copy of Form I-94, Arrival/Departure Record, which shows the date you were admitted as a refugee).
• Evidence of one-year physical presence in the United States.
• Two passport-style photographs.
• Copy of your government-issued identity document with a photograph.
• Copy of your birth certificate (if available).
• Copy of your passport page with a nonimmigrant visa (if available).
• Copy of your passport page with an admission or parole stamp issued by a U.S. immigration officer (if available).
• Copy of Form I-94, Arrival/Departure Record, or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable).
• Form I-693, Report of Medical Examination and Vaccination Record.
• Certified police and court records of criminal charges, arrests, or convictions (if applicable).
• Form I-602, Application by Refugee for Waiver of Grounds of Excludability (if applicable).

Diversity visa lottery

The Diversity Immigrant Visa (DV) Program, also known as the Green Card Lottery, awards up to 55,000 immigrant visas each year to qualified people from certain countries. This lottery system is designed to diversify the immigrant population, so nationals from countries with high levels of immigration to the US are barred from participating. The list of barred countries can change annually, depending on the previous year's immigration levels.

To enter the lottery, you must submit an entry electronically on the Electronic Diversity Visa (E-DV) website during the specified registration period. This period is limited, and late or paper entries are not accepted. Only one entry per person is allowed, and the Department of State uses advanced technology to detect multiple entries. If you submit more than one entry, you will be disqualified. After submitting your entry, you will see a confirmation screen with your name and a unique confirmation number. It is important to retain this number, as you will need it to check the status of your entry and to schedule an interview if you are selected.

There is no cost to register for the DV Program, and you are encouraged to complete the entry form yourself. However, if someone else helps you, you should be present when your entry is prepared to ensure the correct answers are provided. Once you have submitted your entry, you can check online to see if you have been selected. If you are chosen, you will then need to find out the next steps to apply for an immigrant visa.

While the DV Program provides an opportunity for individuals to obtain lawful permanent residence in the US, it is important to note that there are other ways to achieve this status. These include being sponsored by an immediate relative or employer, being granted refugee or asylum status, or falling into a special category such as investors or religious workers.

Special persons category

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Frequently asked questions