Practice Areas

Basically, there are five broad ways amongst many other minor ways to become a permanent resident:

• Through Family-based petitions
• Through Employment-based petitions
• Through Diversity Visa Lottery
• Through Asylum
• Through Investment

Factors considered by the USCIS include:

• Whether the applicant has an immediate relative who is a U.S. citizen or lawful permanent resident;
• Whether the applicant has a permanent employment opportunity in the U.S., and whether that employment fits under one of the five eligible employment categories;
• Whether the applicant is making a capital investment in the U.S. that meets certain dollar thresholds, and that either creates or saves a specified number of jobs; and
• Whether the applicant qualifies for refugee status as an individual who suffers or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin.

Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.

Requirements may differ slightly from post to post, but the basic requirements include:

• A passport
• Three photographs
• Birth and police certificates
• Marriage, divorce, or death certificates
• Proof of financial support
• Medical examination
• More detailed information would have to come from the National Visa Center or the processing post.

The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The Visa Bulletin — under the Visa Services homepage — gives the changes in availability of priority dates.

The cost of an immigrant visa is $260 (U.S.) for application and $65 (U.S.) for issuance per person, regardless of age. There may also be fees to obtain required documents, for certifying or notarizing documents, and for the medical examination. The cost of the immigrant visa itself remains constant, but other fees vary from post to post. The applicant will be informed of fees by the processing post. The fees are payable in U.S. and equivalent local currency. Cash is acceptable at all posts. Other methods of payment must be determined by the processing post.

The consul may issue an immigrant visa with a maximum validity of six months. If an applicant must delay travel to the U.S. beyond six months, he or she should contact the U.S. consulate and arrange to have the interview scheduled closer to his or her possible departure. If an immigrant visa has already been issued and circumstances force the alien to remain abroad longer, the applicant should contact the U.S. consulate and request an extension of the immigrant visa’s validity. If the validity of an immigrant visa expires, a new one may be issued upon payment of the statutory application and issuance fees (U.S. $325).

Authority to accept a petition rests solely with the Bureau of Citizenship and Immigration Services (previously INS). The Bureau has determined that petitions must be filed in the petitioner’s place of residence. So, if the petitioner resides in the U S., the petitioner must file at his or her local Bureau office. If the petitioner resides abroad, the petitioner must file at the U.S. embassy or consulate that has jurisdiction.

A U.S. host can help by sending the guest a letter of invitation. The letter should include the invitee’s name, reason for visit, period of stay in the U.S. and method of payment of expenses. If the guest is paying his or her own expenses, he or she must be prepared to show the consular officer that sufficient funds are available for the trip. If the American host is paying the expenses, an affidavit of support may be included.

Yes. The alien has 30 days to appeal the decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the U.S. Court of Appeals. Finally, if the Court of Appeals also finds against the alien, the matter can be appealed to the U.S. Supreme Court.

An applicant must have:

• A passport, valid for six months beyond the duration of the proposed visit
• One passport-size photograph
• Proof of social, economic, professional or other compelling ties to a residence outside the United States to which he or she will be expected to return after the visit.