Monday, April 19, 2010

Other Ways to Get a Green Card

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are many other ways to get a green card (permanent residence).

These special adjustment programs are limited to individuals meeting particular qualifications and/or applying during certain time frames.

For more information about the following categories, please contact the offices of Atty. Rhoda Yabes Alvarez, Esq. at rmyalvarez@filamlaw.com or call 808-589-7380.

Amerasian Child of a U.S. Citizen
American Indian Born in Canada
Armed Forces Member
Cuban Native or Citizen
Diversity Immigrant Visa Program
Haitian Refugee
Indochinese Parole Adjustment Act
Informant (S Nonimmigrant)
Lautenberg Parolee
Legal Immigration Family Equity (LIFE) Act
Person Born to Foreign Diplomat in United States
Registry
Section 13 (Diplomat)
Special Immigrant Juvenile
Victim of Criminal Activity (U Nonimmigrant)
Victim of Trafficking (T Nonimmigrant)
Nicaraguan and Central American Relief Act (NACARA)

Saturday, April 10, 2010

Green Card Through Refugee or Asylee Status

If you were admitted to the United States as a refugee or as a qualifying family member of an asylee, you are eligible to apply for permanent residence (a green card) 1 year after your entry into the United States.

If you were granted asylum in the United States, you are eligible to apply for permanent residence 1 year after the grant of your asylum status.

As a refugee, you are required by law to apply for permanent resident status 1 year after being admitted to the United States in refugee status. As an asylee, you are not required to apply for permanent resident status after being granted asylum for 1 year, although it may be in your best interest to do so.

For more information on how refugees, asylees, and their family members can apply for green cards please contact the Law Office of Rhoda Yabes Alvarez at 808-392-8230 or email us at rmyalvarez@filamlaw.com.

Green Card for a RefugeeExplains the refugees eligibility criteria and application process for a green card.

Green Card for an AsyleeExplains the aslyees and their family members eligibility criteria and application process for a green card.

For more information about applying for refugee and asylum status, please contact the Law Office of Rhoda Yabes Alvarez at 808-392-8230 or email us at rmyalvarez@filamlaw.com.

Friday, April 9, 2010

Green Card Through a Job

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.

The main ways to immigrate based on a job offer or employment are listed below.

Green Card Through a Job Offer

You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Investment

Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.

Green Card Through Self Petition

Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs

There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA):

Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.” For more information, see the “Concurrent Filing” link to left under “Green Card Processes & Procedures.”

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.

For more information, please contact the Law Office of Rhoda Yabes Alvarez, Esq. at 808-589-7380 or email us at rmyalvarez@filamlaw.com

Wednesday, April 7, 2010

Green Card Through Family

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, or through the special categories described below.

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence.

If Your Family Member is a U.S. Citizen, You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, please contact our office.

You are an immediate relative of a U.S. citizen if you are:

The child (unmarried and under 21 years old) of a U.S. citizen
The spouse (husband or wife) of a U.S. citizen
The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
Family Member of a U.S. Citizen in a Preference Category

You are a family member of a U.S. citizen in a preference category if you are:

An unmarried son or daughter (21 years or older) of a U.S. citizen
A married son or daughter (any age) of a U.S. citizen
A sibling (brother or sister) of a U.S. citizen

If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your family member filed a Form I-130 on your behalf.

Family member of a permanent resident in a preference category

You are a family member of a permanent resident in a preference category if you are:

The spouse of a permanent resident
The child (unmarried and under 21 years old) of permanent resident
The unmarried son or daughter (21 years or older) of a permanent resident
Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:
Are a battered child or spouse of a U.S. citizen
Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
Obtained V nonimmigrant status
Are a widow(er) of a U.S. citizen
Are born to a foreign diplomat in the United States

For more information, please contact the Law Office of Rhoda Yabes Alvarez, Esq. at rmyalvarez@filamlaw.com or call us at: 808-589-7380