How do I become a Legal Permanent Reside

How do I become a Legal Permanent Resident?

Marital Relationships

The spousal relationship is one of the most common and easiest ways to immigrate to the U.S. If you are a spouse of U.S. citizen, you are considered an immediate relative and there is no quotas on the number of visas in this category. This means, the spouse will have an immediately available visa number and may allow you to apply for adjustment of status or apply for consular processing, depending on your circumstances.

Conditional Permanent Residence for new marriages:

If you obtain your legal permanent resident status based on a new marriage that is less than two years, your permanent residence is conditional for two years. The conditional permanent residence provides the same benefits as a regular permanent residence; however, you must take additional steps at the end of the two-year conditional period to maintain permanent resident status. If you do not file a petition to remove conditions on residence at the end of the two year period, the conditional permanent resident status is automatically rescinded.

Other family relationships

Other family members can also petition you. U.S. citizen parents of unmarried children under the age of 21, and U.S. citizen children over the age of 21 can petition their parents and will also have an immediate visa available.

There are other categories of family relationships that can also file petitions but they are subject to a quota system.

Unmarried Sons and Daughters of U.S. Citizens
Spouses and Children of Permanent Residents
Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
Married Sons and Daughters of U.S. Citizens
Brothers and Sisters of Adult U.S. Citizens

Violence Against Women Act (VAWA)

If you are or were a spouse of a legal permanent resident or a U.S. citizen, and you suffered battery or extreme cruelty you may qualify to “self-petition” for lawful permanent residence. You may also qualify if you are the child of an abusive U.S. citizen or lawful permanent resident; or are the parent of an abusive U.S. citizen son or daughter who is at least 21 years of age when filing the petition.

T Visa

The T visa is for victims of human trafficking, which includes, indentured servitude, debt bondage or labor exploitation. The individual must prove that they would suffer extreme hardship involving unusual and severe harm upon removal, and you have complied with any reasonable request for assistance in a Federal, State, or local investigation or prosecution of acts of trafficking or the investigating of a crime where the acts of trafficking are at least one central reason for the commission of that crime, unless: you are a minor or unable to do so because of the trauma you have suffered. The T visa is granted for 4 years and after three years, the T visa holder is able to apply for lawful permanent resident status.

U Visa

You are eligible to apply for a U visa if you meet the following criteria:

You are a victim of certain criminal activity (not all criminal activity qualifies)
You have suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity;
You possess information concerning the qualifying criminal activity of which you are a victim;
A Federal, state or local government official investigating or prosecuting a qualifying criminal activity certifies that you were, are, or are likely to be helpful to the official in the investigation or prosecution of the criminal act of which you are a victim; and
The criminal activity of which you are a victim violated the laws of the United States or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.

There are general waivers of inadmissibility for U visas, including unlawful presence, criminal history, removal orders, and others. The U visa is granted for 4 years and after three years, the U visa holder is able to apply for lawful permanent resident status.

Special Immigrant Juvenile Status

Special Immigrant Juvenile status may provide a pathway to lawful permanent residency for noncitizen children who have been abused, abandoned and/or neglected by one or both of their parents. For this application, the following criteria must be met:

Be present in the United States;
Unmarried and less than 21 years of age;
Be declared dependent upon a juvenile court in the United States, or whom such a court has legally committed to or placed under the custody of an agency or department of a state, or an individual or entity appointed by a state or juvenile court;
Be the subject of a determination by a juvenile court in the United States that reunification with one or both of the juvenile’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law;
Be the subject of administrative or judicial proceedings that determined that it would not be in the juvenile’s best interest to be returned to the juvenile’s or his or her parent’s country of citizenship or nationality or last habitual residence.

This process requires representation in family court or juvenile court and representation before U.S. Citizenship and Immigration Services, and sometimes representation before the immigration court.

Consular Process and Waivers

The US Department of State governs processing at consulates, embassies, or other designated foreign posts. Sometimes, an applicant may not be able to obtain his or her lawful permanent resident status inside the United States and must depart to their home country to complete the process.

If the applicant has a ground of admissibility to the United States, some individuals may qualify for a waiver of the ground or grounds of inadmissibility. The consulate will generally inform individuals if they are eligible for such waivers. Some common grounds of inadmissibility may include:

Unlawful presence
Unauthorized employment
Certain health conditions
certain criminal offenses
Misrepresentation
Prior removal, deportation, or exclusion
Violations of immigration status

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries who cannot return home because of a crisis in the home country or national disaster.

TPS beneficiaries are not required to leave the U.S. and may obtain work authorization for the initial TPS period and for any extensions of the designation.

If you live in the Ninth Circuit, which includes Nevada, California, Arizona, Oregon, Washington, Idaho, Alaska, and Hawaii, you may be eligible to apply for adjustment of status and obtain your residency based on your TPS and if you meet other requirements.

Deferred Action for Childhood Arrivals (DACA)

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. You may qualify for DACA if you meet the following criteria:

Was under 31 years of age as of June 15, 2012;
Came to the United States before reaching his or her 16th birthday;
Has continuously resided in the United States since June 15, 2007, up to the present time;
Was present in the United States on June 15, 2012, and at the time of making his or her request for consideration of deferred action with USCIS;
Had no lawful status on June 15, 2012;
Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general educational development (GED) certificate, or is an honorably discharged veteran of the U.S. Armed Forces or U.S. Coast Guard; and
Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Initial DACA is no longer available. However, Renewal of DACA is still available if the applicant meets the following guidelines:

Did not depart the United States on or after August 15, 2012, without advance parole;
Has continuously resided in the United States since he or she submitted his or her most recent request for DACA that was approved up to the present time; and
Has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and does not otherwise pose a threat to national security or public safety.

Some individuals may be eligible to apply for adjustment of status and obtain residency if the DACA applicant obtained parole, when it was available and departed the US and re-entered with the parole document and if other requirements are met.

NACARA

Under the Nicaraguan Adjustment and Central American Relief Act or NACARA, certain Salvadorans, Guatemalans, Eastern Europeans, and members of the class-action lawsuit known as ABC (American Baptist Churches v. Thornburgh) may still apply for an old, otherwise unavailable path to a green card known as Suspension of Deportation.