• Family Based
• Employment Based
• Nurses & Physicians

Immigrant Visas are designed for people who want to live and work in the United States permanently.  We call this visa “green card.”  There are many ways you can file for green card. 

Family Based Green Card Applications:

Categories:

1. Immediate Relatives:  Immediate relatives are the children, spouses, and parents of United States Citizens.  If the U.S. Citizen person and the relative are in the United States, petition process usually takes six months.  If the child, spouse or parent is in a foreign country, he or she must apply at a consulate in his or her country, or spouse of a U.S. Citizen may file for fiancée visa (K-3 Visa) to come to the United States and marry the U.S. Citizen petitioner within 90 days of arrival to the United States.  The petitioning U.S. Citizen must be financially responsible for the relative and must have a level of income that is sufficient under the poverty guidelines.  Joint U.S. Citizen sponsor(s) is or are allowed as well.  For poverty guidelines, please visit http://www.uscis.gov/files/form/I-864P.pdf 
   
   
2. Brothers and Sisters (Fourth Preference):  A U.S. citizen can sponsor his or her brother or/and sister for green card.  However, the processing times are long.  It is a long process, but it is after all a process and you have nothing to lose.  We recommend the U.S. Citizen sponsor to file for the I-130 form for his or her brother and get a priority date and wait until the green card visa date is current and file for green card thereafter.  To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
   
   
3. Other Relatives:
   
   First Preference: Unmarried Sons and Daughters of Citizens. 
   
   Second Preference: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 
   
   
   A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
   
   B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.
   
   
   Third Preference: Married Sons and Daughters of Citizens.
   Again, before filing for any of the above petitions, please note the processing times and visa availability dates at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
   
   

SPECIAL FAQS FOR MARRIAGE CASES:

1. How soon can I apply for green card if I am married to a U.S. Citizen?
   
   You can apply for green card immediately.  Even on the day of marriage.  If you just entered the United States, you must wait 60 days from your entry to file the application.  If you are a frequent traveler and an investor, 60 day rule shall not apply.
    
2. Do I still acquire the green card if I am divorced?
   
   Depends.  If you have been married for less than two years prior to your application for green card, you are awarded a conditional green card for two years.  After the expiration of two years, you apply for permanent green card.  If you are divorced prior to filing for your green card, your application will be terminated.  If, however, you divorce after acquisition of the conditional green card but prior to filing for the permanent green card, you can still apply for a permanent green card, by filing the I-751 form with supporting evidence that you entered into marriage in good faith, i.e. for love.  Wedding photographs, travel photographs, joint accounts, and jointly named legal documents can be shown as proof of bona fide marriage.
   
   
3. What documents do I need to file for the green card?
   
   Adjustment forms, applicable fees, copies of your passport, copy of proof of citizenship for your spouse (birth certificate or naturalization certificate, proof of your spouse’s income, copy of your birth certificate, your medical exam report from an approved physician and four passport photographs of you and your U.S. Citizen spouse.  The application process usually takes 6 months.
   
   
4. Can I travel out of the United States during the pendency of my application?
   
   Yes.  You need to file for advance parole and have it approved.  Otherwise, your application will be terminated upon your exit from the United States.
   
   
5. What if I entered the U.S. illegally or I came to the U.S. under the visa waiver program?
   
   If you entered the U.S. illegally, you cannot file for green card not unless you filed for immigration benefits prior to April 30, 2001.  Visa Waiver entrants can file for green card.  If you entered the U.S. legally (visitor, student, investor, etc.) and overstayed your status you can still file for green card even if you did not file for immigration benefits prior to April 30, 2001.
              
6. Can I apply for green card myself only?
   
   Yes.  If you are a spouse, child or parent who is subject to extreme cruelty or battery may file a self-petition independently of the abusive U.S. Citizen Spouse or parent.
    
7. Can I apply for my adopted child?
   
   Yes.  If you are a U.S. Citizen and adopted a child or children under 16 (if another adopted sibling in same family, age limit becomes 18) with two years of legal custody and residing with parents for two years.
   
   
8. What if I am in deportation proceedings?
   
   You can still apply for green card even if you marry a U.S. Citizen, while in deportation proceedings.  This is true even if you have criminal convictions (except in drug cases) as long as extreme hardship is shown.  You can even marry your spouse while being detained in immigration detention.
   
   
9. What if my marriage looks sham?
   
   If you do not enter marriage in good faith you will be deported.  The best thing to do is withdraw your application, because you don’t want to be adjudged guilty of marriage fraud.  Cut your losses and abandon the application.
   
   
10. Do I have to be married in the United States?
    
    No.  As long as you have a valid civil marriage certificate from another country all you need is certified translation of that certificate and immigration will recognize that certificate.

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Employment Based Green Card Applications:

Categories:

1. persons of extraordinary ability in the sciences, education, arts, business or athletics;
2. outstanding professors and researchers;
3. certain multinational executives & managers.

Extraordinary ability is defined as a level of expertise indicating that you are an individual who is one of that small percentage who has risen to the top of your field of endeavor. You should be recognized in the field of science, art, education, business or athletics, which must be substantially documented.  The alien must be seeking to enter the United States to continue work in the field, and the entry of such alien must substantially benefit prospectively the United States.

No offer of employment (including labor certification) is required, but for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming to continue work in the area of expertise.  Evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments, such as contracts, or a statement from the beneficiary detailing plans for continuing work in the United States.   
                                   
Outstanding Professors or researchers mean that you are recognized internationally as outstanding in an academic area, have at least 3 years experience in that area, and have the required offer of employment.  Although no labor certification is required, you must get a letter from a U.S. university offering you a teaching or research position or from a private or non-profit employer offering you comparable research position.

Multinational Manager or Executive is described to mean that you have been working in such capacity for one year out of the three years preceding the application and seeking employment in that capacity here in the U.S.  No labor certification is required.  You must have extensive credentials.

There is no waiting period for qualified first preference individuals.  They are the top in their field and can apply with no waiting period or labor certification.  To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html the entry of such alien must substantially benefit prospectively the United States.

No offer of employment (including labor certification) is required, but for aliens with extraordinary ability the alien must include with the petition convincing evidence that he or she is coming to continue work in the area of expertise.  Evidence may include letter(s) from prospective employer(s), evidence of prearranged commitments, such as contracts, or a statement from the beneficiary detailing plans for continuing work in the United States.   
                                   
Outstanding Professors or researchers mean that you are recognized internationally as outstanding in an academic area, have at least 3 years experience in that area, and have the required offer of employment.  Although no labor certification is required, you must get a letter from a U.S. university offering you a teaching or research position or from a private or non-profit employer offering you comparable research position.

Multinational Manager or Executive is described to mean that you have been working in such capacity for one year out of the three years preceding the application and seeking employment in that capacity here in the U.S.  No labor certification is required.  You must have extensive credentials.

There is no waiting period for qualified first preference individuals.  They are the top in their field and can apply with no waiting period or labor certification.  To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

Aliens of Exceptional Ability in the sciences, arts, or business. An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.

A specific offer of employment is required in order to qualify for immigration in the employment based second preference category. The prospective employer is required to contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the certification is filed together with an immigrant visa petition, form I-140, with the office of the U.S. Citizenship and Immigration Services (USCIS).

Those seeking employment in the exceptional ability category, may seek an exemption from the job offer requirement and may file a petition on his or own behalf may be obtained from USCIS.

Note: The decision on whether a person is qualified for registration in the employment based second preference category is made by USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.
There is no waiting period for qualified second preference individuals.  They are superior people and can apply with no waiting period or labor certification.  To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html

You must be in lawful status in order to apply for adjustment through employment based categories.  If however you applied for immigration benefits (labor certification, family based petitions, etc.) on or before April 30, 2001 and entered the U.S. legally, you will be excused and grandfathered in even if you are out of status.  Applicants staying in the U.S. with any non-immigrant status may file for adjustment of status.

Requirements for religious workers:

1. Must be a member of a religious denomination having bona fide, non-profit, religious organization in the U.S., 2 years immediately preceding the application; 
2. Must seek only to carry out vocation as a minister or if before October 1, 2008, must seek to work in a professional capacity in a religious vocation or occupancy or to work for an organization or affiliate in a religious vocation and occupation;
3. Must have been carrying on such vocation for two years.  Voluntary service is excluded. 

To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html 

To check the priority dates of visa availability please visit the U.S. Department of state website at http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html 

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EMPLOYMENT OF PHYSICIANS AND NURSES AS IMMIGRANTS:

We have dedicated this section for special individuals, i.e. physicians and nurses.  You should know that many health care providers are experiencing a nursing shortage that is expected to increase with the growing number of aging Americans.  Similarly, the demand for qualified physicians is exceeding supply. 

In 2005 President Bush signed into law a supplemental appropriations bill containing a provision that recaptures 50,000 unused immigrant visa numbers.  These are only available for nurses and physical therapists.

Green Cards for Nurses:  No labor certification is needed.  You must have an employment offer from the healthcare provider, a bachelor’s degree or its equivalent, a license to practice nursing in your country, must pass the CGFNS examination, a visa screen certificate, and must fulfill the licensing requirements for the state where you plan to work.  To start this process I-140 is filed by the employer and if approved green card application can be filed as well.

Green Cards for Physicians:  Similar to the nurse application, an I-140 form is filed after receiving certification from the U.S. Dept. of Labor that there is a labor shortage in the foreign physician’s particular specialty.  Waiver of said certification can be filed under the National Interest Waiver Program, if you establish that it will be in the public interest and obligates the physician  to agree to work full time for a period of at least five years in a Health and human Services designated underserved area or in a Veterans affairs health facility.  Also if you are an extraordinary ability or outstanding professor or researcher you can still get a waiver of the labor certification requirement. 

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