Permanent Residence (Green Cards) for the vast majority of individuals can only be obtained through sponsorship either by family or
a business. While there is a means of self sponsoring it requires an investment of one million dollars, and those people who have
the means to qualify usually can obtain their Permanent Residence in a lost costly and more efficient manner.

FAMILY SPONSORSHIP

BUSINESS/CORPORATES SPONSORSHIPS


A family sponsor can only be done through the Parent, Sibling, Child, or Spouse of the intending immigrant. Other relatives cannot sponsor you:

A) IMMEDIATE RELAVTIVES


These include the following relatives of United States Citizens:

  • Father/Mother (only immediate if
    sponsoring child is over the age of 21
  • Son/Daughter (under the age of 21)
  • Husband/Wife


The US government has yearly statutory restrictions which limit the number of immigrant who can enter each year. Immediate relatives fall outside of those restrictions. That means that if you are sponsored as an immediate relative there is never a waiting list You can immigrate as soon as your papers are approved.

B) PREFERENCE RELATIVES

  • Permanent Resident Spouse
  • Child over the Age of 21 of Permanent
  • Resident or Citizen· Brothers/Sisters of US Citizens


When a business sponsor an Immigrant generally they need to prove that they cannot find a United States Citizen to perform the Job needed. The procedure involves two steps. A Labor Application with the Department of Labor and then an Immigrant Visa Application with the Immigration and Naturalization Service. Once approved as an Immigrant the Beneficiary can adjust his status in the United States to that of a Permanent Resident (Green Card Holder) if they are legally here already. Or, if they are outside the country they obtain an Immigrant visa from the US Consulate in their home country, and are given a Green Card the day they arrive in the US.

A) LABOR CERTIFICATION

While the Job Offer can be for an unskilled, skilled, or professional position higher level positions are more likely to succeed and are usually faster.

B) WAIVER CASES

Business sponsorships that do not require Labor Certification are known as waiver cases. In these cases it is possible to file an Immigrant Visa directly with the Immigration and Naturalization Service. There are 4 instances in which a waiver of the Labor Certification can be waived, the reason being that position, and/or the Alien qualifications, is so unique that if they were employed in the United States they would not be taking a job away from an American.

  • Intracompany Transfers – Very high level international executives transferred from an overseas affiliate.
  • Scientific Researchers
  • Person of Exceptional Ability – A person unique who stands out amongst the peers in his profession or vocation.
  • Persons of Extraordinary Ability – This is for Nobel Prize winners and the like.

 

 

Copyright © 2003 Krause & Associates P.C. All rights reserved.