Tuesday, April 1, 2008

Becoming a Permanent Resident

The first thing that needed in this process is how you are going to apply for your Lawful Permanent Residency (LPR). There are two ways to get your LPR. The first is through a family member and the second is through employment. Each way has various steps to follow and each step must be followed correctly and carefully. Any mistake that occurs will have a consequence and maybe even a fine. Depending on what the person came to the U.S. for, they need to see which way fits them best.

Getting your LPR through a family member begins by having a family member that is a U.S. Citizen or is already a permanent resident. If the relative is a U.S. citizen, then they can sponsor only a husband or wife, an unmarried child under 21 years of age, an unmarried son or daughter over 21, a married son or daughter of any age, a brother or sister (if the sponsor is at least 21 years old), or, parent (if the sponsor is at least 21 years old). Now, if the sponsor is a Legal Permanent Resident he/she can only sponsor a husband or wife, or an unmarried son or daughter of any age. After picking the correct relative, the first step is to be approved by the U.S. Citizen and Immigration Services according to the visa petition, I-130 Petition for Alien Relative you give them. The petition is filed out by the relative that is helping you and you must prove that this person is really related to you. The next step would be to wait for the Department of State to have an immigrant visa number available for you, which will then allow you to apply for that number. In order for a relative to sponsor you to immigrate, they must meet these standards: They must be a citizen or lawful permanent resident of the U.S. and provide documentation providing his/her status. They must also prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support.


Getting your LPR through employment: To become an immigrant based on the fact that you have a permanent employment opportunity in the United States, you must go through a multi-step process. You and your employers must determine if are eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency. Then the U.S. employer must complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request. Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States. Fourth, the State Department must give the applicant an immigrant visa number.


Resources:
U.S. Citizenship and Immigration Services website

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1 comment:

Phil said...

Permanent Resident also known as a Green Card, this card is in reality an immigrants “passport” to travel freely within the United States, work anywhere they want plus travel back to their country of origin and return to the United States anytime.