Permanent Residency

There are four main ways of obtaining permanent residence: Through a family member, employment, asylum, or cancellation of removal in Immigration Court …

Family

Permanent residence through a family member requires a relationship to a U.S. citizen or permanent resident. You are eligible to apply for permanent residence if you have a U.S. citizen spouse, parent, siblings, or child who is 21 years or older. You are also eligible for permanent residence if you have a permanent resident spouse or if you are unmarried and have a permanent resident parent. Often, obtaining permanent residence through a family member is the fastest and most secure route.

Employment

The most common route for obtaining permanent residence through employment is by obtaining a labor certification. The U.S. Department of Labor grants a labor certification when a company can prove that there are no qualified U.S. workers available to fill the foreign-national’s position.

Permanent residence through employment is also available for professors, researchers, persons who have served as an executive or manager at an international company, persons who have extraordinary skills that are recognized nationally or internationally, or persons who can demonstrate they will benefit the U.S.’s national interest.

Asylum

Persons who fear they will be persecuted if sent back to their home country may apply for asylum and subsequently a green card. You must prove that you have a “well-founded” fear of persecution based on your race, religion, sexual orientation, membership in a social group, political opinion, or your national origin. Persons from countries with known human rights abuses and intolerant governments have better chances of receiving asylum. An application includes a lengthy form, declarations, and reports on the conditions in your home country. In most cases, you must apply for asylum within one year of arriving in the United States, unless you can justify the delay.

Cancellation of Removal

Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a U.S. citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.