THE SHEENA LAW FIRM
Attorney & Counselor at Law

 

Permanent Residence

When a foreign national wants to come to the United States to live permanently, he or she needs to obtain permanent residence. Obtaining your permanent residence in the United States can be accomplished through a number of different processes but there are no differences in the benefits. Depending on who your sponsor is will determine which way you will pursue.

If you are being sponsored by a family member or employer you are pursuing family or employment based sponsored immigration. If you are self sponsoring you are most likely obtaining your permanent residence through investments, extraordinary ability in your specialty or you could possibly gain your residence through diversity lottery method if you apply and are chosen.

A lawful permanent resident has the right to live in the United States on a permanent basis as long as he or she does not violate the law or engage in unlawful activities. Lawful permanent residents have the right to apply for any job they desire and for any employer they choose. Lawful permanent residents also have the right to petition for their children and spouse to live in the United States.

Ways to become a Lawful Permanent Resident of the Unites States include:

  • Cancellation of Removal
  • Deferred Enforced Departure
  • Diversity Visa
  • Employment Based Green Card
  • Fiancé Visa
  • Green Card as a Refugee
  • Green Card as a Special Immigrant
  • Green Card as an Asylum
  • Green Card through Investment
  • Permanent Residence through Family Member
  • Permanent Residence through Marriage to a U.S. Citizen
  • Temporary Protected Status

Most Common Ways to become Permanent Resident

Family Sponsored Immigration

Are you:

  • Brother or sister of a US Citizen and are 21 years of age or older
  • Married son or daughter of a US Citizen
  • Spouse and minor child of a permanent resident
  • Spouse or minor child of a US Citizen
  • Unmarried adult son or daughter of a permanent resident
  • Unmarried son or daughter of a US Citizen

Employment Based Immigration

Are you:

  • Large investor
  • Multinational executive or manager
  • Outstanding professor or researcher
  • Person holding an advanced degree
  • Person with bachelors degrees
  • Person with a position that requires at least 2 years of education, training or experience
  • Person with extraordinary ability in the sciences, art, education, business or athletics
  • Religious worker

To remove conditions on your lawful permanent residency:

  • You & your husband or wife must apply to remove the conditions. Your application should be filed during the 90 days before your second anniversary as a conditional resident. You could lose your status and face removal if you fail to apply in time.
  • You may be able to waive the joint filing requirement if you are no longer married or if your spouse has abused you.

You may be able to apply to remove conditions if you:

  • Are a widow or widower from a good faith marriage
  • Got married in good faith, but the marriage ended in divorce or annulment
  • Got married in good faith, but were subjected to battery or extreme hardship by your spouse
  • Still married to the same citizen or resident after 2 years
  • Would suffer extreme hardship if your conditional resident status was terminated

Benefits for relatives of lawful permanent residents are limited to the spouses, children & unmarried sons & daughters of lawful permanent residents:

  • A lawful permanent resident of the United States may petition to bring his or her spouse under the family-based 2A Category.  Currently, the family 2A waiting period is over five years. 

  • A child born abroad to a permanent resident may acquire permanent resident status upon their first entry to the United States prior to their second birthday. 

  • Lawful permanent resident parents may petition on behalf of their unmarried children under the family 2nd preference of the family-based categories. Unmarried children under the age of 21 are in family 2A. Unmarried sons and daughters (children over the age of 21) are in family 2B. 

The Sheena Law Firm is committed to answering your questions and helping you understand the process and procedures of U.S. immigration law.

If you are interested in staying in the United States permanently to work for a company or if you are interested in hiring an immigrant, contacting an attorney can help you complete all of the necessary paperwork correctly.

Contact The Sheena Law Firm Today for assistance in determining the best immigration strategy for you and your family.


Danny M. Sheena, P.E.

 
The Sheena Law Firm
2500 West Loop South, Suite 518
Houston, Texas 77027
 
(713) 224-6508 - Office
(713) 225-1560 - Fax
 

Email: [email protected]

 

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