SRVNLAW- Residing Permanently in USA

Green Card/Legal Permanent Residence
Lawful Permanent Residency or a green card as it is popularly called, grants a foreign national the privilege of living and working permanently in the United States. Even though it is called the green card, for that was its color years ago, the card issued these days are not green anymore. Obtaining Lawful Permanent Resident Status is a two step process.

First, an immigrant visa petition has to be filed with the USCIS based on one of the qualifying relationships. The qualifying relationship can either be based on family relationship, employment based or based on an investment. Upon approval of the immigrant visa petition by the USCIS, the next step would be to adjust status here in the United States or apply for a non immigrant visa at a US consulate abroad as the case may be.

Family Based Immigration Visas
A green card may be obtained on the basis of a qualifying family relationship. Family reunion is the ultimate goal for providing this benefit. Qualifying relationships are:

"Immediate Relative", i.e., parents, children and spouse of US citizens;
"Preference Immigrant", i.e., spouses and children of permanent residents, adult and/or married children and siblings of US citizens.

Employment Based Immigration Visas
Lawful Permanent Residency can also be obtained based on permanent employment opportunity within the United States for the individual. Employers must apply for labor certification for most employment categories.

However, labor certification is not required If the person :

Has extraordinary ability in the sciences, arts, education, business, or athletics;
is an outstanding researcher or a professor; or
is a multinational executive or manager.

Labor certification is not required if a foreign national can be qualified under National Interest waiver.

National Interest Waiver
In the process of applying for lawful permanent resident status (green card), foreign nationals with exceptional abilities in the sciences, arts, or business, may apply to have the requirement that s/he has a job offer be waived, if such a waiver can be shown to be in the national interest. Labor certification is also not required for such individuals.

Investment Based
Lawful Permanent Residence is also offered to investors upon investment in a qualified new commercial enterprise. This benefit is also extended to the spouse and unmarried children of such investors.

RESIDING PERMANENTLY IN USA