There are a number of ways to have lawful permanent residency status.  The most common are:

• Through family relationships
• Through employment
• Through special immigration (e.g., religious workers or special juvenile immigrants)
• Through refugee or asylum
• For victims of human trafficking
• Through registry

Permanent Residency Through Family Relationships

The most common path to permanent residency is through family relationships.  

If you are an immediate relative of a U.S. citizen, you can apply for permanent residency.  This includes those who are spouses of a U.S. citizen, unmarried children of a U.S. citizen (under the age of 21), and parents of U.S. citizens.

Sometimes U.S. permanent residency can also be obtained by being a relative of a lawful permanent resident. Eligibility to apply for green card or permanent residency is can also obtained if you are a fiancé or widow of a U.S. citizen.

The Process for Obtaining Permanent Residency

For residency based on family relationships, the process is started by the U.S. citizen filing an immigrant petition on your behalf (often referred to as sponsoring or petitioning for you). In certain circumstances, you will be able to file on your own behalf.

Once the USCIS authrozes the immigrant petition, you can submit either a green card application to USCIS or a visa application to the U.S. Department of State. 

If a visa is available in your category, you attend a biometrics appointment to provide fingerprints, photographs, and a signature. After that you are invited in for an interview, and it’s mandatory for you to attend the interview, and eventually you learn the outcome of your application.

For residency through employment, the immigrant worker can start the application process.  

Once the immigration petition has been approved you have been given a visa number (a green card), you can obtain permanent residency through Consular processing or through adjustment of status.

An immigrant visa can be applied for with the U.S. Department of State consulate overseas if you’re outside of the country. Consular processing is the name given to this process.  Usually you don’t need to return to your home country to finish the application if you already have legal status in the U.S.

We help guide clients through the immigration process.  Call us today for an appointment with our immigration attorneys.