OUR OFFICE . Our office has helped many, many clients successful obtain permanent residence in the United States, from here in the U.S. and from abroad.

EMPLOYMENT BASED IMMIGRATION   .   FAMILY SPONSORED IMMIGRATION 

DIVERSITY LOTTERY  . ASYLUM / WITHHOLDING / TORTURE CLAIMS  . 

INVESTORS  .  SPECIAL IMMIGRANTS

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RECENT NEWS & REMANDS

where the Immigration Judge got it wrong on first ruling

RECENT NEWS . DIVERSITY LOTTERY FOR PERMANENT RESIDENCE . The new lottery has taken place and notices are being sent out to "winners."  The results of the initial 2012 Diversity Visa (DV-2012) program were voided because of a computer glitch that made results unfair somehow?.   For general information, those from participating/eligible countries can apply for permanent residence in the U.S. if they have graduated from high school and do not have issues of inadmissibility.  Only a small fraction of those who apply "win" the lottery and hence the name, lottery. 

RECENT NEWS . US/RUSSIA BILATERAL AGREEMENT ON ADOPTION . On July 13, 2011, US and Russia entered into an agreement to strengthen the legal and practical procedures involved in adoptions between the two countries. [See FAQ]

REMANDED CASE . Asylum . ADVERSE CREDIBILITY FINDING . Christianity . REMAND . Conjecture . CHINA . IJ engaged in improper speculation and conjecture regarding Ge's knowledge and practice of Christianity. [Ge, 9th Cir., June 27, 2011, unpublished]; Inconsistencies . REMAND . Not Heart of Claim . CHINA . IJ engaged in improper speculation and conjecture regarding Ge's knowledge and practice of Christianity. [Ge, 9th Cir., June 27, 2011, unpublished]

REMANDED CASE . Asylum . ADVERSE CREDIBILITY FINDING . Inconsistencies . REMAND . Not Heart of Claim . CHINA . IJ engaged in improper speculation and conjecture regarding Ge's knowledge and practice of Christianity. [Ge, 9th Cir., June 27, 2011, unpublished]

REMANDED CASE . Asylum . CORROBORATING EVIDENCE . No Adverse Credibiliity . REMAND . None Required . CHINA . IJ's requirement of corroborating evidence is misplaced as there was no valid adverse credibility finding. [Ge, 9th Cir., June 27, 2011, unpublished]

REMANDED CASE . Asylum . FRIVOLOUS APPLICATION . Chance to Explain . REMAND . IJ must give sufficient notice and opportunity to explain the grounds invoked for the frivolousness determination so s/he can address explanations in the context of how they may have a bearing on the materiality and deliberateness requirements. [Kusnadi, CA9, June 27, 2011, unpublished]

REMANDED CASE . Asylum . ADVERSE CREDIBILITY . REMAND . Homosexuality . SERBIA . Stereotypes . IJ's determination that Respondent would not be lsingled out as a homosexual man because he is not overly effeminate is based on unreviewable stereotypes and case is remanded for further factual analysis. [Todorovic, CA11 September 27, 2010]

REMANDED CASE . Asylum  . DISFAVORED GROUP . REMAND . Christianity . INDONESIA . Religious Leader . CA9 has recently ruled that Christians in Indonesia may be considered a disfavored group; the BIA did not have CA9 precedential information when making this ruling; remanded. [Silaban, CA9 September 28, 2010, unpublished]

REMANDED CASE . Asylum  . FUTURE PERSECUTION . REMAND . Christianity . INDONESIA . Religious Leader . The fact that a religious leader's family in Indonesia continues to worship without difficulty does not mean that personalized threats against a leader does not indicate reasonable fear of future persecution if returned home. [Silaban, CA9 September 28, 2010, unpublished]

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ELIGIBILITY

You get permanent residence in the U.S. usually through a job or through family members who are in the United States as citizens or residents. Other circumstances may qualify you for permanent residence also, like asylum from persecution in your home country. See the graph above for a complete covering.

Individuals who qualify for permanent residence can apply in their home country or while they are in the United States. If you enter the United States on a temporary visa and later apply for permanent residence, the application process is called "adjustment of status."

Check out the links above to learn more about eligibility requirements for different types of applications. Essentially, you can gain permanent residence through family or through employment. There are other basis for permanent residence, however, such a the diversity lottery or asylum for those who have been or will bepersecuted in their home country.

If you would like to stay in the U.S., consult with an attorney; there is often a way to get you there.
 

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ISSUES

QUOTAS Most permanent resident applications are subject to an annual quota, allowing only a certain number of applications to be granted each year. Accordingly, if application is made, it may sit in "line" until it can be considered with other applications under the quota. The date an application is submitted is called the "priority date." When a priority date becomes "current," the application and all other submitted on or before that priority date may be considered. Current priority dates are published every month in the Visa Bulletin.

LABOR CERTIFICATION Many of the applications related to employment require the employer to show that there are no U.S. workers available who are qualified and willing to take the position being offered to the foreigner. This process is called "Labor Certification." It requires advertising the position, responding to resumes, and determining fitness of applicants for the position. If there is an available U.S. worker, that worker must be hired and labor certification is not granted. The entire process is strictly regulated. See more here.

JOB OFFER There are some employment-based applications that do not require the applicant be hired by a U.S. entity to get permanent residence. Most of the applications require a U.S. entity to desire the services of the individual, but if the individual is highly, highly accomplished, the United States will let him/her in to pursue his/her career and ambitions further in the U.S. even if a U.S. entity is not seeking his/her services.

ADMISSIBILITY A permanent resident applicant must be admissible in ten general, important ways, including health, financial ability, clean criminal history, immigration history, etc. (See Admissibility).

CONTINUED RESIDENCE A permanent resident's status depends on his/her intention to reside in the United States permanently. If he/she leaves the United States for more than six months at one time, there is a possibility that s/he will be determined to have "abandoned" his/her residency. If s/he leaves for more than one year, it is a legal presumption that s/he has abandoned his/her residency and should reapply to re-enter the United States. If a permanent resident knows that s/he will be out of the country for more than six months, s/he can retain his/her residency by making application for a "Re-entry Permit." This allows an absence for two years without the legal presumption of abandoning residency. There are times, the officials at the airport or border may listen to the reasons for an extended absence and grant return to the U.S. without the re-entry permit, but that is the rare, rare experience - not the rule. See Re-entry Permit and Returning Resident.

DEPORTATION/REMOVAL Permanent residents, even those living in the U.S. for most of their lives may be subject to deportation or removal from the U.S. if s/he takes any action listed as a deportable offense in relevant laws. (See Deportation/Removal) If a resident intends to stay in the U.S. indefinitely and feels it appropriate to do so, citizenship application should seriously be considered for the simple fact that U.S. citizens cannot be deported or removed.

DERIVATIVE BENEFITS Most permanent resident applications allow the applicant to bring his/her immediate family with him/her to the United States should the application be granted. Applications for immediate family members, however, are individual and do not extend to the other immediate family members. The sections on each type of application indicate whether derivative benefits are extended or if separate application must be made for each family member.

ON TO CITIZENSHIP Generally, a permanent resident may apply to become a citizen of the United States if s/he has been a permanent resident for five years or more, has physically resided in the United States for 2 1/2 of the past five years, and is otherwise admissibility. (See Citizenship).

WORK AUTHORIZATION If the applicant is in the United States, application for an Employment Authorization Document ("EAD") can be made simultaneous with application for permanent residence (I-485). Regulations require that the EAD be issued within 90 days of application, which means that if longer than 90 days has passed since application, the applicant could go to his/her local USCIS office to inquire and, if lucky, received the EAD. EAD authorizes the holder to work at any location or for more than one employer.



 

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