PERMANENT RESIDENCE (U.S. GREEN CARDS)

The Sherman Law Group handles approximately 200 Green Card applications each year, through a number of immigration categories, both employment and family based.

1. U.S. Permanent Residence (Green Card) - Employment Based

Description: U.S. Permanent Resident Status ("Green Card") allows an individual to live and work permanently in the United States. In the alternative, he/she may reside in Canada or Mexico and commute to work in the U.S. (called a "Commuter Green Card").

Process: There are many different processes for applying for a Green Card. The four most applicable to the business setting are:

1. Alien Labor Certification (standard process);
2. Reduction in Recruitment (modified standard process; somewhat faster);
3. Exceptional Ability/National Interest Waiver; and
4. Multinational Executive or Manager (expedited process for these individuals).

The first two processes account for about 95% of all employment-based Green Card applications. They require a successful test of the U.S. labor market, either local or national (depending on the nature of the job). The first and second processes consist of four steps.

The third and fourth processes do not require a test of the labor market. Rather, they are expedited processes consisting of two steps. The third process requires that the foreign employee hold an advanced degree and will perform work that is in the national and local interest. The fourth process is only available to those executives or managers who served in executive/managerial positions with a foreign company related to the U.S. company, and who are coming to the U.S. to hold similar positions.

Processing Times: Processing times depend on the geographical location of the job. Estimates would include: about 3 ½ years for the standard process; about 3 years for Reduction in Recruitment; and about 2 years for the third and fourth processes.

Restrictions: Employment in the U.S. is allowed for the principal alien and all family members who obtain a U.S. Green Card. It may be possible to obtain temporary work authorization for principal applicant, spouse and older children during the final step in the Green Card process if certain requirements are met.

Validity: U.S. Green Card status is valid indefinitely, and an individual is not required to apply for U.S. citizenship. Commission of certain crimes, or obtaining a Green Card through the use of misrepresentations or fraud can lead to revocation and deportation. Each Green Card issued since 1989 is valid for ten years. Thereafter, each individual must apply for a new, replacement Green Card at the local INS office. This renewal is simply an administrative renewal and is not a re-adjudication of the case.

Dependents: Spouse, plus children under 21, are eligible to obtain a Green Card based on the principal applicant's case. Only spouses acquired prior to approval of the Green Card are eligible for this. After-acquired spouses must apply for Green Card status through a slower process.

Limit on Stay: None.

U.S. Citizenship: Once an alien has held an employment-based Green Card for five years and has been physically present for at least 2 ½ years of the five years, he/she may apply for U.S. citizenship. The citizenship process takes about one year. Citizenship allows a period to vote in U.S. elections and to hold a U.S. passport.

Other Green Cards: In addition to the types mentioned above, U.S. Green Card status is also available to those individuals married or related to a U.S. citizen, those who win the annual Diversity Visa Program (i.e. visa lottery), certain investors, refugees and others.

2. U.S. Permanent Residence (Green Card) - Family Based

Description: Certain individuals may obtain Green Card status through the sponsorship of relatives who already hold U.S. citizenship or a U.S. Green Card. The eligible individuals are:

For U.S. citizens: Spouses, children (under 21), unmarried sons and daughters (over 21), married sons and daughters, brothers and sisters of adult citizens. Please note that some of these categories have visa backlogs, sometimes lasting many years.

For Green Card: Spouses, children (under 21), unmarried sons and daughters (over 21).

Process: The sponsoring relative must file a petition with the Immigration Service on behalf of the proposed immigrant. Once approved, the petition is forwarded to the National Visa Center for the commencement of consular processing. If there is a visa backlog, then the petition will be stored at the National Visa Center until an immigrant visa is available to the person. The process culminates in a formal visa interview at a U.S. Embassy or Consulate abroad. On the other hand, if the individual is already in the U.S., it is usually possible for them to bypass consular processing in favor of processing in the U.S. via the Adjustment of Status process.

Processing Time: This depends on the category of case, the process to be used and whether there are any backlogs in the category.

Restrictions: Once approved, Green Card status is not limited to any specific job or geographical area.

Validity: The U.S. Green Card is usually valid indefinitely, although the plastic card must be renewed every ten years. In certain marriage-based cases, initial Green Card status may be valid for only two years, until an application is filed to make this status permanent.

Dependents: Depending on the category, dependents of the sponsored immigrant may or may not be able to obtain Green Card status.

Limit on Stay: See Validity above.

U.S. Citizenship: For those individuals married to a U.S. citizen, they may apply for U.S. citizenship after holding the Green Card for three years. For all others, they must hold the Green Card for five years.

Please contact us to discuss the particulars of your situation.