Tag Archive Humanitarian Programs

ByPhillip Kim

Green Card (Permanent Residence)

A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “green card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.

Green Card Through Family
How to apply for permanent residence when a family member petitions for you·
Green Card Through a Job
How to apply for permanent residence based on a job offer or employment.
Green Card Through Refugee or Asylum Status
How to apply for permanent residence when you have been granted refugee or asylum status·
Other Ways to Get a Green Card
Learn about the many other ways that you may qualify for permanent residence
If you are unsure which immigration path best fits your particular situation, see the “Green Card Processes & Procedures” link to the left which includes:·

Green Card Eligibility
Learn who can apply for permanent residence
Adjustment of Status
Learn about the multi-step process for individuals inside the United States that want to get a green card
Consular Processing
Learn about the multi-step process for individuals outside the United States that want to get a green card

For More Information,
Please Call: (559) 761-9742

ByPhillip Kim

Green Card Process and Permanent Resident Card Application Procedure

Immigrants in most categories will need an immigrant petition, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Petition for Amerasian, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa. For more information about concurrent filing, Click HERE.

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:
Your priority date
The preference category you are immigrating under
The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with the Gov.) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When the officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, the Gov. will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

For more information on determining visa availability or filing abroad, see the “Visa Availability & Priority Dates” and “Consular Processing” links to the left.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds the office must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility that are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by the Government.

For more information, CALL (559) 761-9742 or Click HERE.