There are several ways that one can obtain residency in the US:
Family sponsored
There are five categories that one can sponsor a specific relative:
- Immediate Relative. A US Citizen can sponsor a spouse, child under 21, or parent. There is no limit as to how many can come in each year, and no waiting time other than behind those applying under this category.
- 1st Preference – A US Citizen can sponsor an unmarried child over the age of 21. There is a limit as to how many can enter under this category. As a result, there is a waiting period of about 7 years from the time you file the I-130 petition until the time you can apply for adjustment. You cannot stay in the US during this time, unless you have another valid non-immigrant visa.
- 2nd Preference (A) – A Permanent Resident can file for spouses and children under 21. There is a limit as to how many can enter under this category. As a result, there is a waiting period of approximately 2.5 years from the time you file the I-130 petition until the time you can apply for adjustment. You cannot stay in the US during this time, unless you have another valid non-immigrant visa.
- 2nd Preference (B) – A Permanent resident can file for unmarried children over the age of 21. There is a limit as to how many can enter under this category. As a result, there is a waiting period of approximately 8 years from the time you file the I-130 petition until the time you can apply for adjustment. You cannot stay in the US during this time, unless you have another valid non-immigrant visa.
- 5rd Preference – A US Citizen can file for a married child over the age of 21. There is a limit as to how many can enter under this category. As a result, there is a waiting period of approximately 10 years from the time you file the I-130 petition until the time you can apply for adjustment. You cannot stay in the US during this time, unless you have another valid non-immigrant visa.
- 6th Preference – A US Citizen can file for a brother or sister. There is a limit as to how many can enter under this category. As a result, there is a waiting period of approximately 12 years from the time you file the I-130 petition until the time you can apply for adjustment. You cannot stay in the US during this time, unless you have another valid non-immigrant visa.
Employment
An employer can sponsor a foreigner for residency through employment. The employer has to show a need for someone in that position, proof of stability of the company, proof the company can pay employee “prevailing wage’, as determined by the Dept. of Labor, and that no US Citizens or Residents qualify for the position. The employee has to show that they meet the education/experience qualifications for the specific position.
Investment
A foreigner can obtain residency if they invest a specific amount of money into a business. The average amount may range from $500,000 upwards, depending on type of business and location of business. There are specific requirement that qualify one for this type of visa, and it should be thoroughly discussed with a competent attorney.
Asylum
One can obtain residency by applying for Asylum, if they can demonstrate a legitimate fear of persecution by returning to their home country.
Diversity Lottery
Every year, around October, foreigners can apply for the diversity lottery. Approximately 50,000 applicants are picked at random throughout the world to be given residency.
Other methods
There are some other additional methods that one may be able to obtain residency. These are less common and should be consulted with an immigration attorney regarding them.
NOTES:
- 3/10 year ban – If a foreigner is in this country out of status for a period of 6 months to one year, and then they leave the country, they are automatically banned from returning to the US for 3 years, even if they qualify for some other process. If they are here out of status for a period of 1 year or longer, and they leave this country, they are automatically banned from returning to theUSfor 10 years.
- For most family based visas, the applicant needs to return home to get their residency card. However, for the immediate relative category, they can remain in the US, as long as they entered the country legally. Even if they are out of status at this time, as long as they entered legally, they can adjust their status without leaving.
At YELEN LAW OFFICES, P.A., we offer three types of services to best suit your financial desires:
1. Full Representation, which typically includes preparation of documentation, filing, and attendance at interviews. Fees are customarily full, competitive price.
2. Partial Representation, which includes preparation of documentation; however, the packet is given to the Client to file and follow up with. This option customarily costs much less than Full Representation. We can also potentially be retained separately just to attend interviews with the client.
3. Document / Form Review, which includes a 1-2 hour consultation to review the forms that the client has filled out and wishes to file on his or her own. Fees for this options are hourly, based upon consutlation time, usually 1-3 hours in total.