U.S. Citizenship

 Foreign nationals may legally enter the United States through non-immigrant visas or by attaining Permanent Residence status whereby an individual receives a Green Card. Unlike non-immigrant visas, which limit the length of stay in the U.S., a Green Card enables individuals to work and remain in the United States indefinitely. An individual may be granted Lawful Permanent Residence by United States Citizenship and Immigration Services (USCIS) through one of the following ways: employment sponsorship, employment sponsorship, family sponsorship, the annual diversity lottery, qualified investment or extenuating circumstances such as political asylum. 

 A foreign national who has a permanent employment opportunity in the United States may be eligible for Permanent Residence status through employment sponsorship. This is a multi-step process which requires the involvement of both the employer and the foreign national.  First, the U.S. employer must complete a labor certification request for the applicant and submit it to the Department of Labor’s Employment and Training Administration. Once the labor certificate request has been approved, the employer must submit an immigration visa petition (Form I-140, Petition for Alien Worker) on behalf of the foreign national. If this petition is approved by U.S. Citizenship and Immigration Services (USCIS), the foreign worker may come to the United States to live and work for a set period of time dependent upon his or her immigration visa petition approval. Finally, the foreign national must apply to adjust his or her status from a temporary worker to a permanent resident. In order to do this, the employee must complete the Form I-485, Application to Register Permanent Residence; if this form is approved by the USCIS, the foreign national will be granted a Green Card.

The process of obtaining permanent resident status through employment sponsorship is complex and time consuming.  Generally, the time frame of the application process is over two years. 

Consular processing is one of the pathways to permanent resident status (obtaining a green card). When an individual outside of the United States has an approved immigrant petition and an immigrant visa number immediately available, he or she may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.

The first step in consular processing is to figure out which immigrant category you fit into. There are many different ways to attain permanent residence status, including through family, a job or refugee or asylee status. Once you determine which category applies to your situation, an immigrant petition needs to be filed on your behalf. For example, if you are seeking a green card through family, a U.S. citizen or permanent resident relative must file a Petition for Alien Relative for you. If you have a job lined up, the U.S. employer files a Petition for Alien Worker for you. Each immigration category has its own forms and requirements. If the petition is denied, reasons will be given in the notice along with any information about rights to appeal the decision.

 If you are considering consular processing as a pathway to permanent resident status (a green card), you should discuss your situation with an experienced immigration attorney. Contact our office today for a consultation regarding consular processing or any other immigration matter. 

 Certain foreign countries are designated by the Secretary of Homeland Security for Temporary Protected Status (TPS). This can occur when conditions in that country temporarily prevent the country’s nationals from returning safely; for example, when a country is experiencing armed conflict, an environmental disaster or an epidemic, it might be designated for TPS. Sometimes, a country is unable to adequately handle the return of its nationals, and that might also lead to TPS.

  If you think that your home country might have been designated for Temporary Protected Status and you are interested in applying for TPS, you should meet with an experienced immigration attorney. Contact our office today for a consultation regarding Temporary Protected Status or any other immigration matter.