Permanent Residency & The Green Card
by: Maury D. Beaulier
Permanent Residency. Permanent residency is often referred to as having a Green Card. There are two primary categories of immigration: Immigrant status and Non-immigrant status. Immigrant status allows permanent residency in the United States. Non-immigrant status provides an authorization to aliens for temporary residency that expires upon the occurrence of a specific event.
A Permanent Resident is commonly referred to as a "Green Card" holder. Permanent residents have many rights which include the following:
The right to live in the United States permanently;
The right to reenter the United States after traveling out of the country abroad;
The right to apply for U.S. Citizenship after continuously living as a Permanent Resident in the United States for five (5) years
The right to employment in any work that is legal;
There are four main categories for green card permanent residency and even more subcategories under each main category. The main green card categories include Family Sponsored Immigration, Employment Immigration, DV Lottery, and Asylum and Refugee status.
Family Sponsored Immigration Green Card. Foreign family members of U.S. citizens and permanent residents may qualify for an immigrant visa. However, the United States sets strict limitations on the number of immigrant visas allowed each year. The closer the relative is the higher that person falls on the priority scale for obtaining an immigrant visa. Immediate family members of U.S. citizens are given the highest priority. Foreign parents, children under the age of 18, and spouses fall outside of the quota system and usually qualify quickly for an immigrant visa. Extended family members of United States citizens and family members of permanent residents may also qualify. However, the waiting period may be much longer. In some cases, the wait for a visa may exceed 10 years. The priority list for family sponsored immigration is as follows: (1) F-1 - Unmarried Sons or Daughters of U.S. Citizens over the age of 21; (2) F2-A -Spouses and unmarried Children of Permanent Residents under the age of 21; (3) F2-B -Unmarried Sons or Daughters of Permanent Residents over the age of 21; (4) F-3 -Married Sons or Daughters of U.S. Citizens over the age of 21; (5) F-4 - Brothers and Sisters of U.S. Citizens.
The relationship is only one criteria in determining preference. A second criteria includes the country of the relative’s origin. Economically poor countries such as China and India tend to have the longest waiting periods.
Employment Immigration Green Card. Aliens seeking permanent residency in the United States for employment purposes must fit into one of five categories. The first category is "Priority Workers" which includes Intra-Company Transferees of Managers and Executives, Outstanding Professors and Researchers and Aliens of Extraordinary Ability in the Sciences, Arts, Education, Business and Athletics. The second employment category is "Aliens of Exceptional Ability in the Sciences, Arts or Business" which includes Professionals with advanced degrees. The third category includes "Professionals with Bachelors Degrees not qualifying in the 2nd Preference, skilled workers, and unskilled workers in special needs professions. The fourth category is very narrow encompassing "Religious Workers" who are here to carrying out their religious mission. Finally, the last category is based on economic development and includes individuals who invest one million dollars ($1,000,000.00)in a new "commercial enterprise" or in a "troubled business" or those who invest Five Hundred Thousand Dollars ($500,000.00) in a "new commercial enterprise" or "troubled business" in a "targeted employment area."
DV Lottery Green Card. 55,000 immigrant visas each year are available to those winning a Visa Lottery. The number of lottery visas are apportioned to countries that have fewer visa applicants. To apply, an immigrant must fill out a number of forms detailing their background with the INS. Each year lottery contestants are drawn and notified if they have won. A winning alien may make application for an immigrant visa.
Refugee/Asylum Status. Refugee and Asylum status allows foreigners fearing persecution to seek refugee status in this country. Foreigners outside of the United States may seek refugee status. Foreigners already in the United States may seek asylum to prevent deportation. After approval of Refugee or asylum status, the alien is allowed to enter or remain in the United States and may seek an adjustment of their status to one of permanent residency after one year.
For legal assistance Call (952) 746-2153.
About The Author
Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.
Showing posts with label permanent residency. Show all posts
Showing posts with label permanent residency. Show all posts
Saturday, May 12, 2007
Friday, January 12, 2007
United States Visa Information
United States Visa Information
by: Manu Goel
The United States provides different types of visas to foreigners those who want to live permanently in the country and those who intend to visit temporarily for some purpose. For temporary visitors or non-immigrants, there is student visa, business visa, tourist visa, special visa for dignitaries and journalists, etc. People who want to live permanently in the country can avail immigrant visa or green card.
Foreigners who wish to work in the US on a temporary basis can also apply for H-1B visa. To be eligible for H-1B visa, a job offer from a US employer is essential. Unlike a student, tourist visa, the foreigners cannot directly apply for this visa. The prospective employer has to file a petition with the United States Citizenship and Immigration Services (USCIS). If the USCIS approves the petition then the foreign worker can be hired on H-1B visa.
Otherwise, foreigners can apply for other visas at the US embassy and consulate in their native country. It is very easy to get a tourist or business visa and it is issued in a few weeks. But there is no certainty that you will be provided the non-immigrant visa. Due to security reasons, your applications can be cancelled or process of issuing visa can be deferred. Hence, you may be called for another round of interview or provide additional information
For immigrants, the US State Department conducts a lottery in which it randomly selects 50,000 applicants from across the world to provide permanent residency visas or green cards. The administration will hold such lottery in 2007, for which it has short listed 82,000 people out of more than 5.5 million applicants. US government website www.UnitedStatesVisas.gov provides information on visa policies and procedure.
It is also important that you need to fill in your application form properly as many visa seekers get rejected due to improper filling up application forms.
About The Author
Manu Goel site My US Greencard, The website helps in filling-out the application forms for US green cards and helps in ensuring that the forms are complete in all respects.
by: Manu Goel
The United States provides different types of visas to foreigners those who want to live permanently in the country and those who intend to visit temporarily for some purpose. For temporary visitors or non-immigrants, there is student visa, business visa, tourist visa, special visa for dignitaries and journalists, etc. People who want to live permanently in the country can avail immigrant visa or green card.
Foreigners who wish to work in the US on a temporary basis can also apply for H-1B visa. To be eligible for H-1B visa, a job offer from a US employer is essential. Unlike a student, tourist visa, the foreigners cannot directly apply for this visa. The prospective employer has to file a petition with the United States Citizenship and Immigration Services (USCIS). If the USCIS approves the petition then the foreign worker can be hired on H-1B visa.
Otherwise, foreigners can apply for other visas at the US embassy and consulate in their native country. It is very easy to get a tourist or business visa and it is issued in a few weeks. But there is no certainty that you will be provided the non-immigrant visa. Due to security reasons, your applications can be cancelled or process of issuing visa can be deferred. Hence, you may be called for another round of interview or provide additional information
For immigrants, the US State Department conducts a lottery in which it randomly selects 50,000 applicants from across the world to provide permanent residency visas or green cards. The administration will hold such lottery in 2007, for which it has short listed 82,000 people out of more than 5.5 million applicants. US government website www.UnitedStatesVisas.gov provides information on visa policies and procedure.
It is also important that you need to fill in your application form properly as many visa seekers get rejected due to improper filling up application forms.
About The Author
Manu Goel site My US Greencard, The website helps in filling-out the application forms for US green cards and helps in ensuring that the forms are complete in all respects.
Tuesday, December 12, 2006
U.S. Immigration THrough Investment
U.S. Immigration THrough Investment
by: Maury D. Beaulier
Approximately 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Statistics on the EB-5 program show, however, that actual usage of this preference category has never come near the annual allotment of 10,000 visas for the program.
Eligibility Requirements
Foreign investors seeking permanent residence in the United States fall under the EB-5 immigrant visa category. Generally, investors must demonstrate that a "qualified investment" is being made in a new commercial enterprise. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.
In general, eligible individuals include those:
Who establish a new commercial enterprise by:
· creating an original business;
· purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
· at least $1,000,000 (or more in high employment areas), or
· at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
Whose engagement in a new commercial enterprise will benefit theUnited States economy and:
· create full-time employment for not fewer than 10qualified individuals; or
· maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
* Keep in mind that the investor must also establish that the required amount of capital has been placed at risk for the purpose of generating a return on that capital. A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.
Procedure
INS Form I-526, Immigrant Petition by Alien Entrepreneur, is the form used to apply for investment-based immigrant status. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:
· establishing a new commercial enterprise,
· investing the requisite capital amount,
· proving the investment comes from a lawful source of funds,
· creating the requisite number of jobs,
· demonstrating that the investor is actively participating in the business; and, where applicable,
· creating employment within a targeted employment area.
*Labor Certification by the Department of Labor is not required.
You can find the Form I-526 on our web site at by clicking on the Immigration Forms link.
Conditional Permanent Residence
Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:
· Filing INS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,
· Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.
Removing Conditions on Residence
90 days before the second anniversary of your admission to the United States as a conditional resident, you must file INS Form I-829,Petition by Entrepreneur to Remove Conditions.
Keep in mind that U.S. immigration laws are based on federal statutes; therefore, we can assist you with your immigration needs no matter where you are located.
Our lawyers have assisted many entrepreneurs in purchasing businesses and investing in U.S. Business operations to qualify for an EB visa.
FOR MORE INFORMATION ON U.S. IMMIGRATION OR ASSISTANCE WITH YOUR IMMIGRATION NEEDS, PLEASE CONTACT: 952.746.2153 or visit Work Visa Lawyers.
About The Author
Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.
by: Maury D. Beaulier
Approximately 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Statistics on the EB-5 program show, however, that actual usage of this preference category has never come near the annual allotment of 10,000 visas for the program.
Eligibility Requirements
Foreign investors seeking permanent residence in the United States fall under the EB-5 immigrant visa category. Generally, investors must demonstrate that a "qualified investment" is being made in a new commercial enterprise. They must also show that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise.
In general, eligible individuals include those:
Who establish a new commercial enterprise by:
· creating an original business;
· purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
· expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:
· at least $1,000,000 (or more in high employment areas), or
· at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
Whose engagement in a new commercial enterprise will benefit theUnited States economy and:
· create full-time employment for not fewer than 10qualified individuals; or
· maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.
* Keep in mind that the investor must also establish that the required amount of capital has been placed at risk for the purpose of generating a return on that capital. A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.
Procedure
INS Form I-526, Immigrant Petition by Alien Entrepreneur, is the form used to apply for investment-based immigrant status. The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:
· establishing a new commercial enterprise,
· investing the requisite capital amount,
· proving the investment comes from a lawful source of funds,
· creating the requisite number of jobs,
· demonstrating that the investor is actively participating in the business; and, where applicable,
· creating employment within a targeted employment area.
*Labor Certification by the Department of Labor is not required.
You can find the Form I-526 on our web site at by clicking on the Immigration Forms link.
Conditional Permanent Residence
Once the Form I-526 is approved, immigrant investors may obtain status as a conditional resident by:
· Filing INS Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the United States; or,
· Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the United States.
Removing Conditions on Residence
90 days before the second anniversary of your admission to the United States as a conditional resident, you must file INS Form I-829,Petition by Entrepreneur to Remove Conditions.
Keep in mind that U.S. immigration laws are based on federal statutes; therefore, we can assist you with your immigration needs no matter where you are located.
Our lawyers have assisted many entrepreneurs in purchasing businesses and investing in U.S. Business operations to qualify for an EB visa.
FOR MORE INFORMATION ON U.S. IMMIGRATION OR ASSISTANCE WITH YOUR IMMIGRATION NEEDS, PLEASE CONTACT: 952.746.2153 or visit Work Visa Lawyers.
About The Author
Maury D. Beaulier is part of a 29 attorney immigration law firm handling cases for clients across the United States and abroad. The firm and its members are recognized leaders in the U.S. Immigration and Naturalization process including asylum cases, work visas, investor visas and family based immigration. You may reach Mr. Beaulier at (952) 746-2153 or thorugh his immigration website located at Work Visa Lawyers.
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