Law & Legal & Attorney Immigration Law

How Does an Immigrant Become a Legal Resident?

    Immigrant Visa

    • There are only four types of immigrant visas issued by the U.S. Department of State. The most common go to those who have a spouse or immediate family member who is already a citizen or legal permanent resident in the United States. This person can petition for you to receive an immigrant visa with form I-130, Petition for Alien Relative. They must show they have the income or assets to support you, and volunteer to sponsor you through the immigration process. A second category of immigrant visas are called diversity visas and are given to nationals of countries underrepresented in the U.S. This system works as a lottery, with 50,000 diversity being granted at random to qualified individuals. Petitioners for a diversity visa do not need a U.S. sponsor. The third category of visas are special visas granted to Iraqi and Afghani citizens who work as translators, or who have performed some other work for the U.S. Armed Forces. Only 50 special immigrant visas are granted each year.

    Work Visa

    • The fourth and final category of immigrant visas is the employment or work visa. This requires sponsorship from a U.S.-based employer, meaning the immigrant must already have secured work in the U.S. The sponsor must file Form I-140, Petition for Prospective Immigrant Employee Form, pay a $475 filing fee, and pledge to employ you. If you are already in the states, but not a legal resident, you can use form I-765 to apply for a work permit while you wait for your visa application to be processed and a visa number to be assigned to you. Even if the visa petition is granted, it's the assignment of the visa number that makes you a legal resident of the U.S.

    Permanent Legal Resident

    • When an immigrant is granted a visa, they receive a Form I-94, Duration of Stay, which tells them how long their visa will allow them to remain in the U.S. Duration periods vary according to the type of visa granted and the circumstances of the individual. By the end of the visa's duration, the immigrant must have filed to extend their stay, or have filed to become a permanent resident. Only immigrants with a visa number can apply to become permanent residents through Form I-485 Application to Register Permanent Residence or Adjust Status.

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