Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
Foreign citizens who wish to live permanently in the United States are required to obtain an immigrant visa. This document is issued by a U.S. consular office overseas, and it allows an individual to travel to the United States and apply for lawful permanent resident (LPR) status. Once an individual is an LPR, he or she has the right to live and work permanently within the United States.
The type of visa an individual may qualify for will vary depending on the specific case. Applying for an immigrant visa can be a long and cumbersome process, so it is best to consult a qualified immigration attorney who can help fill out the paperwork completely and correctly. It is also important to be vigilant about the fees that are required at each stage of the process.
The term “green card” is sometimes used interchangeably with “immigrant visa,” but technically an immigrant visa is a document or passport stamp that gives a foreign national the right to enter the U.S. In contrast, a green card is a photo I.D. card that identifies a foreign national as a lawful permanent resident after they arrive in the U.S.
In order to be eligible for an immigrant visa, a foreign national generally must be sponsored by a U.S. citizen, a lawful permanent resident, or a prospective employer. There are a few exceptions to these categories. The process begins with the sponsor filing a petition on behalf of the foreign national with the United States Citizenship and Immigration Services (USCIS).
Family-based immigration is possible when a U.S citizen files a visa petition for a foreign national spouse, child, parent, or sibling. A lawful permanent resident (a green card holder) can file an immigrant visa petition for a spouse or an unmarried child. The first step for sponsoring a relative is filing a Petition for Alien Relative Form I-130 with USCIS. The U.S. citizen sponsor must be at least 21 years of age or older to file a petition for siblings or parents. The minimum age requirement does not apply to all types of family based immigrant visas. An LPR must be at least 18 years of age and have a residence in the U.S. in order to be able to sponsor a spouse or relative.
As a general rule, the U.S. sponsor must maintain his or her principal residence within the United States. The sponsor should plan to live in the U.S. for the foreseeable future. Domicile in the U.S. is necessary to file an Affidavit of Support, Form I-864 or I-864EZ.
Employment-based immigration is another option for some foreign nationals. A U.S. employer can sponsor certain skilled workers who will be hired into permanent jobs. Typically, an employer will sponsor the foreign national by filing an I-140 Petition for Alien Worker with USCIS. In some cases, individuals who are in certain specialized fields can sponsor themselves.
The U.S. makes a limited number of visas available each year to qualifying individuals from countries with low rates of immigration to the U.S. through its diversity visa program.
There are also other immigrant visa categories that foreign nationals can seek if they apply to their circumstances. For examples, foreign citizens can seek a fiancé visa that allows them to come to the U.S. and get married. Once married to a U.S. citizen, they can take steps to stay in this country permanently. Another avenue to the U.S. is through adoption by a U.S. citizen. Additionally, special immigrant categories exist to cover certain types of workers, including translators and interpreters from certain countries, religious workers, and other immigrants in distinctive situations.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
- Becoming a U.S. Citizen Under Naturalization Law
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Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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