Humanitarian pathways to a Green Card allow victims of crime, abuse and neglect to self-petition for a Green Card. The Violence Against Women Act (VAWA) created a special pathway for domestic violence victims to self-petition for a Green Card. Victims may also seek adjustment of status, obtain work authorization, certain public benefits and financial aid.
Investors may petition for a Green Card under the EB-5 immigrant visa category. An investor is a foreign national who invests either $1 million in a New Commercial Enterprise or $500,000 in a Target Employment Area in the U.S. The investor may self-petition. An employment offer and labor certification are not required.
Over the past several months, we have seen a significant shift in immigration policies and laws.
Some may applaud the efforts by the Trump Administration to crackdown on illegal immigration, safeguard our borders and protect our national and public safety. These are the Administration’s rationales for advancing tough immigration policies. I do not disagree with these goals; in fact, I wholeheartedly support efforts to secure our borders and keep us safer. However, the approach taken by President Trump is obviously less about public safety and more about discrimination against immigrants. The Administration has targeted Muslims, Mexicans and Syrians and continue to advance a platform to “Make America Great Again” at the exclusion of immigrants.
The EB-4 immigrant visa allows Special Immigrants, such as Religious Workers, to immigrate and adjust their status. Religious workers may self-petition or be sponsored by an employer in the U.S. The spouse and children of an EB-4 visa immigrant are also eligible for a Green Card. Ministers and non-minister religious workers may petition under EB-4.
EB-3 is the third preference category for employment-based immigration visas. To petition under EB-3, foreign workers must be a Professional, Skilled or Unskilled/Other Worker. A full-time job offer from a U.S. employer and the labor certification process are required. Workers may not seek a National Interest Waiver under EB-3.
Professionals must have a Bachelor’s degree or a foreign equivalent and be a member of a profession. Skilled workers must have at least two years of training or work experience in their field. Unskilled or other workers generally have less than two years of training, and they face the longest wait times.
Under the EB-2 visa category, Individuals with Exceptional Ability or those seeking a National Interest Waiver may petition for a Green Card. EB-2 is the second preference category of employment-based Green Card petitions. Foreign professionals with “exceptional ability” work in the sciences, arts or business and their work will substantially benefit our national economy, cultural or educational interests or welfare of the U.S. Generally, these foreigners must have a job offer in the U.S., and a labor certification is required. However, a National Interest Waiver is available to waive the job offer and labor certification requirement.
EB-2 is the second preference category of employment-based Green Card petitions. To petition under EB-2, foreign workers must be Members of Professions Holding Advanced Degrees or Aliens of Exceptional Ability. A job offer from a U.S. employer and the labor certification process is required for an EB-2 petition (unless the foreigner seeks a National Interest Waiver).
An employment-based Green Card is a viable pathway for eligible foreign nationals. Immigration Services group workers according to their qualifications and experiences. Workers or their employers may petition in one of five preference categories: EB-1, EB-2, EB-3, EB-4 and EB-5. Some workers may self-petition without a sponsoring employer, while other workers face an intensive labor certification process and longer wait times.
The sibling Green Card petition process is a viable pathway for many foreign nationals. In this video, U.S.A. Immigration Attorney, La Toya McBean, discusses several common questions that people have about this process including, the wait times, eligibility requirements, and how to “upgrade” a sibling petition to avoid the usual long wait time for a Green Card. If you like this video, please Like, Comment & Share it with others!
On September 5, 2017, the Trump Administration announced the cancellation of the Deferred Action for Childhood Arrivals (DACA) program. DACA was created by President Obama to defer the deportation of people who entered the country illegally as children with their parents. Under DACA, recipients were granted two-year renewable work permits. Nearly 800,000 people are DACA recipients, and some of these individuals are now susceptible to deportation as early as March 5, 2018. In its announcement, Immigration Services stated that it has initiated the “orderly phase out of the program,”
Marriage-based petitions is a very common but complex pathway to a Green Card. Because fraudulent petitions are regularly submitted to Immigration Services, the government requires SUBSTANTIAL evidence to prove that you have a bona fide marriage. In this Pathways to a Green Card video, I discuss three key issues about marriage-based petitions:
1. What is the 2-Year Conditional Residence Green Card?
2. What documents or evidence will prove a bona fide marriage?
3. What happens if you and your spouse separate BEFORE you receive the 10-Year Green Card?
For those of you in the United States who want to become a permanent resident, Adjustment of Status might be your best option. Adjustment of Status is simply a one-step process for obtaining a Green Card without having to leave the U.S. to be interviewed at a U.S. Embassy and obtain your immigrant visa. However, this process is not available to everyone. In the video, I discuss the below eligibility requirements that you must meet in order to apply for this special pathway to a Green Card:
On August 21, 2017, we received very big news from the U.S. Department of State. Our government has suspended issuing nonimmigrant visas in Russia. People who have applied for a student, fiancé, work or visitor’s visa will be impacted. Visa appointments are canceled, and interviews will be rescheduled for a later date in September. These
interviews will only be held at the U.S. Embassy in Moscow. Interviews will no longer be
Becoming a permanent resident of the U.S. is an exciting journey for foreign nationals. In this video, U.S.A. Immigration Attorney, LaToya McBean, discusses Pathway #1 – Family Relationships. Despite the negative tone from the Trump Administration, our laws still make it possible for people to obtain a Green Card and immigrate to the United States.
Becoming a permanent resident of the United States is an exciting journey! Permanent residency comes with significant benefits and privileges. Despite the negative tone from the Trump Administration, our laws still make it possible for people to obtain a Green Card and immigrate to the U.S. The are different pathways or highways that a foreign national can travel on to obtain a Green Card. In this video, I introduce five pathways: (1) Family Relationships, (2) Employment, (3) Humanitarian, (4) Diversity Immigrant Visa Program (“Lottery”), and (5) Through Registry. Over the next few weeks, we will explore each of these pathways in further detail. Like, Share or Comment on this video!