Who can apply for residence in the United States and how is it applied for?
(CNN Spanish) -- Permanent residence, also known as a 'Green Card', is the permit granted by the United States so that eligible immigrants can live and work legally and permanently in US territory, according to the US Government. .UU.
"In most cases, a sponsor (employer or relative) is the one who requests permanent residence or 'Green Card' (green card) in favor of another person," says the US government.
However, these are not the only ways to apply. Next, we will tell you what your options are to be eligible when applying for permanent residence in the United States.
More on immigration:
Categories to be eligible for residency
Family green card
1. Immediate Relative of a US Citizen
Immediate relatives of a US Citizen such as a spouse, unmarried children under the age of 21, or parents of a US Citizen who is at least 21 years of age are eligible for this category .
These relatives, says the US government, "will always have a visa number immediately available."
The first step in these cases is for the US citizen to file 'Form I-130, Petition for Alien Relative', which you can fill out online at this link.
Please note that in order to submit this form for immediate relatives, you will first need to create an account with the United States Citizenship and Immigration Services (USCIS).
You will find all the instructions to create your account in this link.
If your immediate family member already lives in the United States, 'Form I-485, Application to Register Permanent Residence or Adjust Status' can be filled out at the same time as the previous form, of which you can find all the details here, from costs and delivery formats to addresses of the places to present it.
If your immediate family member does not live in the United States, you must wait for Form I-130 to be approved before continuing with the process using Form I-485.
2. Non-Immediate Relatives of a US Citizen or Lawful Permanent Resident
Also eligible are children over 21, unmarried or married, of US citizens; the siblings of a US citizen who are at least 21 years of age; the spouses of lawful permanent residents; children under the age of 21 of lawful permanent residents; and unmarried children, regardless of age, of lawful permanent residents who are at least 21 years of age.
In these cases, two steps must be followed. The first is that the non-immediate relative must file 'Form I-130, Petition for Alien Relative'. You can do it online here.
As with immediate family members, an account must first be created with USCIS to file Form I-130. Follow these instructions to make the process easier.
The second step is for the US citizen or lawful permanent resident to complete Form I-485. All the details of this step are here.
The foregoing applies to non-immediate relatives residing in the United States.
In cases where the non-immediate relative lives abroad, they must first fill out Form I-130. If approved, the National Visa Center will contact the relative to provide additional information.
For all cases in this point, the US Government will give the following preference:
For non-immediate family members, permanent residency may be denied. For all the information on vetoes, illegibility and causes of inadmissibility, consult the following link.
3. Fiancées (and their children) of a US citizen
At this point, these cases will be considered:
You can apply for residency if both parties are legally free to marry and plan to marry within 90 days after the fiancé is admitted to the United States.
Or you can apply if you have known each other in person for the two years immediately after you filed this petition. This requirement is stricter, so it can be skipped in the following cases:
Once the above is clear, it is necessary to fill out the 'Form I-129F, Petition for a Foreign Fiancée'. It must be filled out and delivered physically (just like Form I-485 in the cases of point 1 and 2 of this text).
To know the instructions, costs, where to submit the application, access the form and more details, you must access this link.
4. Widows of a US Citizen
You can apply for permanent residence if your US citizen spouse died and you were still married at the time of death.
To obtain residency, you must prove that you were "legally married to the US citizen, and that you entered into said marriage genuinely (in good faith), not just to obtain the immigration benefit," says the US Government. .
If you live within the United States, you must file 'Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant' at government-approved facilities. To see both the form and the requirements and the places where you can present it, enter this link.
You can submit, at the same time as the previous form, 'Form I-485, Application to Register Permanent Residence or Adjust Status' in order to expedite the process.
If before the death the spouse had already filed the 'Form I-130, Petition for Alien Relative' (which can be seen in point 1 on immediate relatives), then this, regardless of whether it is approved or pending, it automatically converts to a Form I-360, so only Form I-145 would suffice.
If you already filed Form I-145 as part of the immediate family process, then you need to file another document.
If you live outside the US and want to start this process, you can file Form I-360 at the US embassy or consulate that has jurisdiction over the area where you reside.
For more information about the above, you should contact the US embassy or consulate where you live. In addition, you can review more information on consular procedures at the following link.
5. Victims of abuse or extreme cruelty by a US citizen
According to the US Government, you may be eligible for this type of residency under the Violence Against Women Act (VAWA). acronym in English), if you are a victim of abuse or extreme cruelty committed by:
For this process, you need to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, which was already discussed in the previous point.
If a visa is immediately available due to immediate relative processing, you don't have to wait for Form I-360 to be approved to start filling out the next step, which in this case is Form I-485.
If the visa is not available immediately after you fill out Form I-360, you may have to wait until it is available to start Form I-485. If it is, you can start with that form even if the I-360 is still in process.
Check the documents you need for this procedure at this link.
Work visas
6. Work with immigrant visas EB-1, EB-2 and EB-3
You can apply for permanent residence if you are an immigrant worker with extraordinary abilities for the sciences, arts, education, business or sports; outstanding researcher or professor; or executive or manager of a multinational company.
All previous jobs fall under the EB-1 immigrant visa, which is the most preferred when applying for residency.
There are also EB-2 immigrant visa holders: aliens who are members of professions that require a graduate degree or have exceptional ability (including applications for a national interest waiver).
Third preference follows, which are those with EB-3 immigrant visas: specialized workers, professionals, and other types of employees.
For these three levels of preference, it is necessary to fill out 'Form I-485, Application to Register Permanent Residence or Adjust Status' and also reside in the United States at the time the form is filed.
If you have your immigrant visa and you file Form I-485, you can also file 'Form I-140, Petition for Immigrant Alien Worker' at this address: https://www.uscis.gov/es /i-140.
With the above, you could submit your documentation to apply for permanent residence. Which are?
7. National Interest Waiver Physicians and Immigrant Investors
This application applies to a physician who agrees to work full-time in clinical practice in an area with limited medical access for a specified period of time and who also meets other eligibility requirements. eligibility, according to the US government.
In this process, all you have to do is submit 'Form I-485, Application to Register Permanent Residence or Adjust Status' and follow the instructions in this link.
EB (Employment-Based Preferred Immigrant) visas also consider foreign investors for permanent residency.
In this case, they are EB-5 immigrant visa holders, which includes "aliens who have invested or are in the active process of investing US$1 million (or US$500,000) in identified areas of employment ) into a new business venture that will benefit the US economy and create at least 10 full-time jobs for qualified employees," the government says.
In this link you can review the requirements that are requested for this process.
Note that, for foreign investors, they must first pass 'Form I-526, Immigrant Petition by Alien Investor' (find directions by clicking here) and a visa is immediately available. Once this is completed, Form I-485 can be filed.
Special cases
8. Special immigrant
At this point, it applies to the following cases:
9. If you are a refugee or asylee
Immigrants can have refugee status if they suffer or suffered persecution for reasons of race, religion, nationality, or for belonging to certain social groups or having certain political opinions, according to the USCIS . Generally these people "are outside their countries who are unable or unwilling to return there because they fear serious personal injury."
To apply for asylum in the United States, you must "meet the refugee definition," either be in the United States or apply at a US gate of entry.
Asylees can apply for a green card one year after they were granted asylum. To do this, it is necessary to submit a form, the application for permanent residence or adjustment of status.
In the case of refugees, you can check all the information here.
As for asylum seekers, review the requirements here.
10. Victims of Human Trafficking and Other Crimes
If you are a victim of human trafficking and have a T nonimmigrant visa, you may be eligible to apply for permanent residence.
This type of visa "allows victims to stay in the United States and assist law enforcement in the investigation or prosecution of human trafficking cases," the US government says.
Residency can be applied for if the person has had T-1 nonimmigrant status for three years and also maintained a continuous physical presence in the country during those three years.
"If you apply before you meet the three-year continuous physical presence requirement, USCIS will deny your application unless you submit a certification from the Attorney General indicating that the investigation or prosecution of the acts trafficking has been completed. To ask how to obtain this certification, send an email to T-Adjustment.Cert@usdoj.gov," the Government details.
Once the above is clear, you must submit Form I-485, Application to Register Permanent Residence or Adjust Status and submit evidence that you meet all the eligibility requirements.
Victims of other crimes who have a U nonimmigrant visa may also apply for a permanent resident card. These people "have suffered substantial mental or physical abuse as a result of the crime," explains the US government.
The process is different than for victims of trafficking. You can check it here.
11. Other cases
If you were a victim of abuse (spouse and children abused under the Cuban Adjustment Act, under the Haitian Refugee Immigration Fairness Act or under VAWA; and abuses against minors in Juvenile status Special Immigrants) or if you have continuously resided in the United States since before January 1, 1972, you can apply for permanent residence.
In addition to these two cases, there are 11 others that fall into this last category. Check what they are and all their requirements at this link.
