Thousands of people apply for U.S. residency each and every year. To apply, you must fall under one of the recognized categories under the US Immigration laws and regulations. This residency or as commonly known as “Green Card” is one of the common paths to the U.S. Citizenship.
Most people get their Green Card through their Family or Employment but there are other ways to obtain U.S. Green Card as well. You can apply for permanent residency through Special Immigrant Juvenile Status (SIJS/SIJ); Refugee or Asylee status (Asylum), or Humanitarian programs available.
You and your family members may be eligible for U.S. Citizenship if you have served the U.S. armed forces, See below.
Green Card Through Special Immigrant Juvenile Status (SIJS/SIJ)
You may be eligible to apply for “Special Immigrant Juvenile Status (SIJS/SIJ)” under Immigration Act of 1990 Section if you are a Child who have been Abused, Abandoned or Neglected.
To petition for “Special Immigrant Juvenile Status (SIJS/SIJ)” you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called “juvenile court”, “family court”, “orphan’s court”, or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children (Ref. USCIS).
At Bohloul Law Firm we handle Special Immigrant Juvenile Status (SIJS/SIJ) cases on both the State court and the Immigration court sides.
If you have the following conditions Contact Us TODAY! You may be eligible to apply for Special Immigrant Juvenile Status (SIJS/SIJ), which means you can acquire Green Card, which in turn allows you to work and remain in the U.S., freely travel outside of the country and come back:
1- Under the age of 21; and,
2- Has been Abandoned or Abused or Neglected; and,
3- Unmarried at the time of application (it is ok if you are divorced); and,
4- Dependent on Court of in Custody of an individual or entity; and,
5- Reunification with one or both parents is not possible due to Abandon, Abuse or Neglect; and,
6- Not in your interest to be returned to the country of citizenship or last residence.
Green Card Through Family
You can apply for U.S. Green Card through Family petition and become a permanent resident in the United States. Green Card allows you to the right to work and remain in the country.
You may be eligible to get a Green Card through family petition if you fit into one of the following categories:
A. Immediate Relative of a U.S. Citizen such as:
• Spouses (husband or wife)
• Unmarried children under the age of 21
• parents of U.S. citizen petitioners 21 or older
B. Family Member of a U.S. Citizen fitting into a preference category such as:
• Unmarried Sons or Daughters over the age of 21
• Married children of any age
• Brothers and sisters of U.S. citizen petitioners 21 or older
C. Family Member of a Green Card holder:
• Spouses and Unmarried Children of the sponsoring Green Card holder
D. Member of a Special Category. This can include:
• Battered Spouse or Child (VAWA)
• K Non-immigrant
• V Non-immigrant
• Widow(er) of a U.S. Citizen
• Person born to a foreign Diplomat in the United States
Green Card Through Employment – EB Visas & National Interest Waiver(NIW)
You may be eligible to apply for Green Card through Employment if you have a permanent job offer in the united states.
For most cases, you need to get a Labor Certification and then file a Form I-140, Immigrant Petition for Alien Worker, unless you qualify for the National Interest Waiver (NIW).
Before December 27, 2016, National Interest Waivers (NIW) were adjudicated and processed under the NYSDOT case framework, requiring the applicant to meet all of the following three requirements: (1) that the foreign national’s endeavor is national in scope; (2) that the foreign national’s work is intrinsically meritorious; and, (3) that there are factors that outweigh the need to test the U.S. labor market through the labor certification application process.
This has changed as of DECEMBER 27, 2016, by a case called the Matter of Dhanasar. This new precedent provides a clearer guideline for National Interest Waiver (NIW) adjudications and also covers a broader range of services and endeavors by foreign nationals to qualify for National Interest Waiver (NIW). Under the Matter of Dhanasar a National Interest Waiver (NIW) applicant must show (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well-positioned to advance the proposed endeavor; and, (3) that, on balance, it would be beneficial to the United States to waive the job offer and the labor certification application requirement.
This is newly issued case and we believe that it opens door to a wide variety of international students in the PhD. and Post-Doctoral students, Entrepreneurs, some artists working at a national level, Scientists and Researchers, even if their work and project can prospectively contribute to the national interest.
Green Card Through Investment
You may be eligible to apply for Green Card through if you can make the required investment in an enterprise that creates new U.S. jobs.
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
A. GENERAL REQUIREMENTS:
Entrepreneurs and their spouses and unmarried children under 21 are eligible to apply for a green card (permanent residence) if they:
1. Make the necessary investment in a commercial enterprise in the United States; and
2. Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
B. INVESTMENT REQUIREMENTS:
1. General Investment: the minimum qualifying investment in the United States is $1 million.
2. Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.
C. JOB CREATION REQUIREMENTS:
1. Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years or under certain circumstances, within a reasonable time after the two-year period of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
2. Create or preserve either direct or indirect jobs:
(a) Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
(b) Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.
D. COMMERCIAL ENTERPRISE
This includes any for-profit activity formed for the ongoing conduct of lawful business. It also includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. It does not include noncommercial activity such as owning and operating a personal residence.
Citizenship Through Green Card
If you meet certain requirements you may be eligible to apply for U.S. Citizenship. This includes after birth or at birth.
To be a citizen at birth you must:
A. Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
B. had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements.
To be a citizen after birth you must:
A. Apply for “derived” or “acquired” citizenship through parents
B. Apply for naturalization (and the naturalization test)
Citizenship for Military Members
Members and certain veterans of the U.S. armed force may be eligible for U.S. Citizenship under Immigration and Nationality Act (INA). Qualifying service members include U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve.
Service includes service during the period of “Hostilities” and periods of “Peacetime”.
“Service During the Periods of Hostilities”
Members and certain veterans of the U.S. armed force may be eligible for U.S. Citizenship under Immigration and Nationality Act (INA). Honorary qualifying military service for any period during periods of Hostilities (even for 1 day) may qualify you for Citizenship.
Example: You provided Translation service to the U.S. armed forces during the period of hostilities, you may be eligible to apply for Citizenship for you and your family members if you meet all other requirements.
Members and certain veterans of the U.S. armed force may be eligible for U.S. Citizenship under Immigration and Nationality Act (INA). Qualifying military service during peacetime may qualify you for U.S. Citizenship referred to “Peacetime Naturalization”.
To quality you must:
• Be age 18 or older
• Have served honorably in the U.S. armed forces for at least 1 year and, if separated from the U.S. armed forces, have been separated honorably
• Be a permanent resident at the time of examination on the naturalization application
• Be able to read, write, and speak basic English
• Have a knowledge of U.S. history and government (civics)
• Have been a person of good moral character during all relevant periods under the law
• Have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law
• Have continuously resided in the United States for at least five years and have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application, UNLESS the applicant has filed an application while still in the service or within 6 months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements.
Citizenship for Spouse & Children of Military Members
Spouses of U.S. citizen members of the U.S. armed forces who are (or will be) deployed may be eligible for expedited naturalization or for overseas processing. Children of U.S. citizen military members deployed abroad may be eligible for overseas processing.
To explore other ways to obtain U.S. Green Card and U.S. Citizenship such as through Asylum or through Special Immigrant Juvenile Status (SIJS) etc. and to find out more information Contact Us today or Book your Appointment Online through our Contact Us page. Don’t forget, we provide one Free 30 minutes Consultation session.