Green cards

 

Immigrant visas for permanent residence are allocated differently according to the type of family relationship with the sponsor or employment sought.

Immediate Relatives: include children under 21 years of age of U.S. citizens, parents of U.S. citizens, and spouses of U.S. citizens. For all these categories of foreign nationals, immigrant visas are not limited in numbers and are available immediately. Therefore, if the foreign national is present in the U.S., he or she may be eligible to file for adjustment of status concurrently with the relative petition.

Preference Category: Preference categories function by priority date, i.e. the date that the petition for alien relative is filed on behalf of the family member. The Department of State visa bulletin, published on a monthly basis, allocates immigrant visas by priority date and according to each preference category.

For families:

  • First preference category: sons and daughters of U.S. citizens
  • Second preference category subclass A: children and spouses of Legal Permanent Residents
  • Second preference category Subclass B:sons and daughters of Legal Permanent Residents
  • Third preference category:married sons and daughters of U.S. citizens
  • Fourth preference category: brothers and sisters of United States citizens

For employment:

  • First preference category:priority workers. This category includes foreign nationals with extraordinary abilities, outstanding professors and researchers, and certain multinational executives or managers.
  • Second preference category: members of professions holding advance degrees or persons of exceptional ability
  • Third preference category: skilled workers, professionals and other qualified workers
  • Fourth preference category: certain special immigrants including those in religious vocations
  • Fifth preference category: immigrant investors creating employment

A foreign national may obtain permanent residency either through the adjustment of status process, if present in the United States and if eligible to do so or via consular processing if outside the United States.

As each case scenario is unique, please be sure to check with Maud Poudat, Esquire for the specific procedures surrounding your case.