Gaining permanent residence in the US is a lifelong dream for many immigrants. Adjustment of status is the first step towards becoming a US citizen. Whether you are applying for permanent residence through family, employment, or special visa petitions, Attorney Yakzan can help you gain a solid footing to reaching you and your family’s goals.
What Is Permanent Residence?
Adjustment of status is a process where individuals indicate to the US government that they want the Us to be their permanent home. This change can be accomplished in many ways, including marriage, employment, and special permanent residence programs like self-petitions under the Violence Against Women Act (VAWA).
How Can I Apply for Permanent Residence Using Marriage?
Marrying a US citizen or Lawful Permanent Resident is one of the quickest and cheaper ways to receive permanent residence because the US government gives priority to foreigners married to this class of individuals. Individuals married to US citizens are considered “immediate relatives,” so they do not need an immigrant visa. However, immigrants married to permanent residents have to wait for such a visa to be available.
The first step in the process is to apply for a form I-130, petition for alien relative, along with an application for permanent residence if the person is in the United States or a stand-alone I-130 petition if the individual is outside the United States.
What Is an Immigration Visa?
These visas are granted on a country quota basis, so they may be available to individuals from certain countries but not for others.
Can I Apply Using My Job?
Permanent residence through employment is possible but depends on the background and the job you intend to occupy upon adjustment of status. Individuals applying for permanent residence through employment fall into the following preference categories:
- EB1: It does not require a labor certification by the Department of Labor, so individuals may self-petition, but must intend to continue working in their field. Professionals who can apply under this category include international managers and executives, outstanding professors and researchers, and persons with extraordinary ability in the arts and sciences.
- EB2: Applying for this category requires a labor certification except if the job is pre-certified or falls within the national interest of the US. Unless under these exceptions, only individuals who intend to occupy jobs that require a master’s degree or higher or hold a bachelor’s degree with five years of progressive employment can qualify.
- EB3: This category requires a labor certification and is reserved for jobs that require a bachelor’s degree or its equivalent. It includes individuals who are skilled workers, professionals who hold a bachelor’s degree, or other workers who have two years of experience.
- EB4: Special immigrants, including religious workers and nationals of Afghanistan and Iraq who worked as translators with the US armed forces, fall under this category.
- EB5: Also known as the employment creation category, this class includes individuals who can gain permanent residence if they can create 10 jobs in the US through a minimum investment of $500,000 in their own enterprise or a regional center.
Can My Child Receive Permanent Residence With Me?
In many situations, and depending on individual cases, children of applicants for permanent residence can receive permanent residency with their parents.
What Are the Requirements?
Whether you are applying for permanent residency while inside or outside the US, there are many requirements for the process. Lawful admission to the US is critical unless a person who has entered through an undocumented way falls under an exception. The person must also have not committed crimes that are grounds of inadmissibility or deportation from the United States.
Can I Receive Permanent Residence if I Am Outside the United States?
Permanent residence for individuals outside the US is possible through consular processing.
What if I Have a Crime, May I Still Apply for
Depending on the nature and classification of the crime you have committed, you may still gain permanent residence.
Can I Apply for Permanent Residence in Immigration Court?
Yes. We have helped numerous individuals apply for permanent residence in immigration court.