Immigrating to U.S refers to getting a permanent resident status at U.S. It is a legal authorisation to stay and work at U.S on a permanent basis. A permanent citizen is granted a permanent resident card which is popularly known as green card. But primarily a person has to obtain a Visa to enter into the land of United States. There are two types Visas which are issued- Non-immigrant Visa and Immigrant Visa. The former is issued to tourists and temporary business visitors and there is no cap on this type of visitors, immigrant visas are issued to people who are willing to stay and work at U.S on permanent basis and there is a cap on this number which varies according to countries.
A person can become a permanent resident of U.S in several ways. Most of the immigrants are sponsored by there family members or prospective employers. There is another way to get is green card is through refugee or aslee status or by other humanitarian grounds.
The steps to become a permanent resident vary as per categories and it also depends on if a person is currently residing in the U.S or outside.
A person can obtain green card via following methods:
Green card via family:
Green card is easily available for immediate relatives of U.S citizen. Spouse, Unmarried children below the age of 21 years or parents of an adult U.S citizen gets the first preference of getting the green card by filing a petition by form I-130.
Though first preference is given to the immediate relatives, many other family members are also qualified for the green card, they fall under ‘family preference category.’ An U.S citizen can file petition under form no I-130 for his/her adult unmarried children, married children of any age and siblings.
Not only an U.S citizen, any permanent resident also can file petition under form I-130 and I-185 for his/her spouse and unmarried children of any age.
Green Card through a job offer:
If a person is willing to work on U.S permanently the employer has to file a petition under form I-140.
Entrepreneurs (along with their spouses and minor children) who make an investment in the U.S and capable of creating a minimum of 10 permanent jobs can apply for green card. They need to have an approved form I-156, immigrant petition by alien entrepreneur.
There are two categories of worker eligible for self petition- Individuals having extraordinary talent in the field of arts, science, business and athletics, individuals who were granted National Interest Waivers.
Special category of workers working for religious groups or workers who are Ex. U.S government employees can obtain green card by filing petition.
Green Card through Refugee and Asylum status:
A person who is a refugee can apply for a green card 1 year after the person has been admitted to the U.S as refugee or has been granted asylum.
The petition needs to be filed through form I-485.
Other Methods: Green card can be granted through Indochinese Parlour Adjustment Act, to a victim of crime or trafficking. Apart from these there are special conditions under which a person can apply for a green card.