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12+ Ways For Green Card in 2010
12+ Ways For Green Card in 2010
12+ Ways For Green Card in 2010
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Table of Contents
Introduction Page 2
Family Based Immigration Page 3
Employment Based Immigration Page 6
Green Card Diversity Lottery Page 10
Investors Page 12
Adoption Page 13
Registry Page 14
U.S. Armed Forces Service Page 15
Diplomats Page 16
Asylum Page 17
Refugee Page 19
Special Immigrants Page 20
Adjustment of status Page 21
Don’t give up Page 22
Final Notes Page 23
About the Author Page 24
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Introduction
There are more than 12 ways to obtain the right to permanently live
and work in the United States which is considered a lawful permanent
resident. This is commonly referred to as a “green card”. Becoming a
lawful permanent resident is also the first step on the path to U.S.
citizenship.
The most common paths to becoming a lawful permanent resident are
through family or employment based immigration processes however
as you will read in this book there are many more possibilities if you
are not eligible for family or employment based immigration.
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Chapter 1
As a family member there are two distinct paths through which you
can get your green card. Many family members who are already in the
United States may qualify for adjustment of status to permanent
residence in the United States (see Chapter 12, Adjustment of Status).
In this case you are able to complete the immigrant processing
without having to return to your home country. If you live outside the
United States or are not eligible to adjust status in the United States
you may be eligible for consular processing through a U.S. embassy or
consulate abroad that has jurisdiction over your foreign place of
residence.
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In addition to the relationships listed above, there are several special
categories for which you may be eligible. You may be able to become a
lawful permanent resident through a special family situation. These
adjustment of status programs are limited to individuals who meet
particular qualifications and/or apply during certain time frames.
Each of these have special requirements so if you think you may be
eligible for one of these categories it is advisable to consult a qualified
immigration attorney.
The special categories include:
Battered Spouse or Child (VAWA)
K Nonimmigrant (includes fiancé(e))
Person Born to a Foreign Diplomat in the United States
V Nonimmigrant
Widow(er) of a U.S. Citizen
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Not married yet?
You may petition to bring your fiancé(e) and that person’s children to
the U.S for marriage. You must be a U.S. citizen, intend to marry
within 90 days of your fiancé’s entry into the U.S., both be free to
marry and have met in person within 2 years of filing the petition.
There are 2 exceptions to the meeting in person requirement: if this
requirement would violate strict and long-established customs of your
fiancé’s foreign culture or social practice or you can establish that the
requirement to personally meet your fiancé would result in an extreme
hardship to you.
If you met your fiancé or spouse through the services of an
international marriage broker you must notify the USCIS of that fact
and comply with the additional requirement of the International
Marriage Broker Regulation Act (IMBRA).
The USCIS is required to maintain a database to track repeated
petitions for K visas and will notify both the petitioner and the
beneficiary of the number of previously approved petitions in the
database.
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Chapter 2
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The table below shows the preference categories for the available visa
types.
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of courts in the United
States, and other classes of
aliens.
They are people who are considered to be the best of the best in their
field and it is an eligibility category that applies to very few
individuals. Examples of who may be considered an extraordinary
ability immigrant include Nobel Prize winners, notable professional
sports players, and others who have achieved great successes in their
field.
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he/she seeks employment in an area of substantial intrinsic merit to
the U.S., that the benefit from the candidate's proposed activity will be
national in scope, and that the requirement of a Labor Certification for
the candidate will adversely affect the national interest.
Since the requirement of a job offer is waived, an individual, even if
he/she has no employer, may file an NIW petition on behalf of
himself/herself. A U.S. employer may file an NIW immigration
application on behalf of a person as well. Furthermore, an applicant
can also try to file other immigration petitions under other appropriate
categories while a National Interest Waiver petition is pending, such as
an EB-1(a) Extraordinary Ability petition.
Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker
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Chapter 3
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Diversity Visa Lottery 2012: The registration period for the 2010
Diversity Visa Lottery is scheduled to start in October 2010. Entrants
will apply on Form DS-5501, Electronic Diversity Visa Entry Form
which will be available only during the DV open registration period.
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Chapter 4
You may file the petition yourself if you have established a commercial
enterprise. You will need to show that you will engage in a managerial
or policy-making capacity, that you have invested or are actively in the
process of investing the amount required, the enterprise will benefit
the U.S. economy and that the enterprise will create full time
employment in the U.S. for at least 10 U.S. citizens, permanent
residents or other immigrants legally authorized to be employed in the
U.S. The employee count does not include yourself, your spouse,
sons, daughters or any nonimmigrants.
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Chapter 5
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Chapter 6
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Chapter 7
If you served (or are serving) honorably on active duty in the U.S. Armed Forces
after October 15, 1978 and who, after original lawful enlistment outside the
United States, served for a certain period of time through a treaty or agreement
that was in effect on October 1, 1991 you may be authorized to get a green card.
You must have originally enlisted in the U.S. Armed Forces outside the United
States under a treaty or an agreement that was in effect on October 1, 1991 and
served for a combined period of time either:
12 years and if already separated from service after these 12 years, must
have separated only under honorable conditions
6 years, if you are now on active duty, and have already reenlisted for a
total active duty service obligation of at least 12 years
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Chapter 8
If you entered the United States under diplomatic status you may be
eligible to obtain a green card.
You may be eligible to receive a green card if you can establish that:
Ambassadors
Ministers
Charges d’affaires
Counselors
Secretaries and attaches of embassies and legations
Members of the Delegation of the Commission of the European
Communities
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Chapter 9
To be considered for this status you must apply for political asylum
based on an actual experience of persecution in your home country or
fear of persecution based on race, religion, or political opinion and you
must apply within one year of your arrival in the U.S.
If USCIS grants you asylum status, you are eligible to apply for a
green card 1 year after receiving your grant of asylum. Your spouse
and children are also eligible to apply for a green card if they were
admitted to the United States as asylees or were included in your
grant of asylum.
If you are an asylee, you may apply for a green card 1 year after being
granted asylum if you:
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You may apply for political asylum even if you are illegally in the
United States.
You may not qualify for political asylum if you have participated
in the persecution of others or if you have "firmly resettled" in a
country other than your home country. Firmly resettled means
you have obtained permanent residency in a country other than
your home country or the United States.
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Chapter 10
This status grants you a visa to enter the U.S. at which time you
can apply for political asylum.
If you are a refugee, you must apply for political asylum within 1 year
after you are admitted to the United States as a refugee if you:
You may not qualify for political asylum if you have participated
in the persecution of others or if you have "firmly resettled" in a
country other than your home country. Firmly resettled means
you have obtained permanent residency in a country other than
your home country or the United States.
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Chapter 11
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Chapter 12
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Chapter 13
As a final word on gaining lawful entry into the Unites States… don’t
give up. The 12+ opportunities outlined in this book are not
exhaustive. For example: you may trace your family tree to discover
that you are an illegitimate child and your father was a U.S. citizen.
Depending on your date of birth you may already be a U.S. citizen.
Also even if you were found to be inadmissible to the U.S. for a variety
of reasons there may be a waiver available to you. There may be a 3
or 10 year bar to entry or the inadmissibility may be immediately
waivable.
So if you are serious about lawful permanent residency in the U.S. and
the 12+ ways don’t provide an immediate pathway for you don’t give
up. Consult an immigration attorney and he/she may be able to find
additional avenues and/or advise you of upcoming changes in the law
that will benefit you in your quest for a green card.
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Final Notes
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About the Author
Ms. Amabile has been practicing law since 1986 and is licensed to
practice law in the Commonwealth of Massachusetts and the State of
California. In addition to her Juris Doctorate (law degree) from New
England School of Law, she holds a Masters degree in Business/Public
Administration from Syracuse University and a Bachelors of Arts
degree from the University of Maine. She has also earned an advanced
certification in Global Business from the University of California
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