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Lawful permanent residence is an immigration status that allows non-U.S. citizens to live permanently in the U.S. (provided they do not commit any actions that could make them removable under immigration law), work in the U.S., sponsor certain family members to become lawful permanent residents, or be eligible for citizenship (provided they meet the other requirements for citizenship). Prebisch Law Firm, PLLC is your source for information on lawful permanent residence.

The most common paths to becoming an LPR are through a family member, employment in the U.S., special immigrant status, refugee or asylee status, or for having been a victim of domestic abuse, human trafficking, or other crimes.

Green card through family. Non-U.S. citizens may be eligible for a green card if they have one of the following family members petition for them:

Immediate relatives:

·       U.S. citizen petitioning for a spouse

·       U.S. citizen petitioning for an unmarried child (under 21 years of age)

·       U.S. citizen over the age of 21 petitioning for a parent

Preference Visa Categories:

·       U.S. citizen petitioning for an unmarried son or daughter (over the age of 21)

·       U.S. citizen petitioning for a married son or daughter

·       U.S. citizen over the age of 21 petitioning for a sibling

·       Lawful Permanent Resident petitioning for a spouse

·       Lawful Permanent Resident petitioning for unmarried child (under 21 years of age)

·       Lawful Permanent Resident petitioning for an unmarried son or daughter (over the age of 21)

Green card through employment. Non-U.S. citizens may qualify for a green card through employment in the U.S. if they fall within one of these five preference categories:

·       EB-1: Non-U.S. citizens of extraordinary ability, outstanding professors or researchers, or certain multinational executives or managers. A labor certification (also known as the PERM or ETA-9089) is not required for this category.

·       EB-2: Non-U.S. citizens who are members of professions holding advanced degrees or who have exceptional ability in the arts, sciences, or business. A PERM is required for this category unless the applicant obtains a National Interest Waiver.

·       EB-3: Non-U.S. citizens who are professionals, skilled workers, or other types of workers. A PERM is always required for this category.

·       EB-4: Non-U.S. citizens who are religious workers, employees of U.S. foreign service posts, or retired employees of international organizations. This preference category is also used in non-employment-based cases, such as for alien minors who are wards of courts in the United States (SIJs), and other classes of aliens. A PERM is not required for this category.

·       EB-5: Non-U.S. citizens who invested $1.8 million or $900,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. A PERM is not required for this category.

Green card as a Special Immigrant. Non-U.S. citizens who are in the United States and in the protection of a juvenile court because they have been abused, abandoned, or neglected by a parent could qualify for a green card in the EB-4 preference category described above. Prior to being eligible for a green card, they USCIS must have approved an SIJ application.

Green card through Refugee or Asylee Status. Non-U.S. citizens who are in the U.S. with refugee or asylee status may be eligible for apply for a green card.

Green card for victims of abuse, human trafficking, or other crimes. Non-U.S. citizens who have been victims of domestic violence, human trafficking, or other crimes may be eligible to apply for permanent residency without a petitioner or sponsor. Prior to being eligible for a green card, USCIS must have approved either a VAWA petition, or a U or T nonimmigrant visa.

There are many pre-requisites before a non-U.S. citizen can apply for a green card and two ways of applying after meeting the pre-requirements. Some people qualify to apply for their permanent residence in the U.S. through a process called Adjustment of Status, while others qualify to apply outside the U.S., at a U.S. Consulate or Embassy, through a process called Consular Processing.

If you would like to know more about whether you qualify for lawful permanent residence, contact Prebisch Law Firm, PLLC today.