- You
must be eligible
for US immigration under one of the paths to lawful
permanent residency.
- The
US Citizenship and Immigration Services (USCIS) must
approve an immigrant visa petition for you,
which is usually filed for you by an employer or a
relative (your "sponsor"). Certain applicants can
petition on their own behalf, such as priority workers,
investors, certain special immigrants, and diversity
immigrants.
- If
you are seeking to become a lawful permanent resident
based on employment, your US employer may need to
submit a labor certification request with the
Department of Labor's Employment and Training Administration.
- An
immigrant visa
number, through the State Department must
be immediately available to you, even if you are already
in the United States.
- If
you are already in the United States, you may apply
to adjust to permanent resident status after
a visa number becomes available for you. (If you are
outside the United States when an immigrant visa number
becomes available for you, you must then go to your
local US consulate to complete your processing.)
Am I Eligible
for US Immigration?
The US immigration system is based primarily
on family reunification, needed work skills, employment
creation, and recognition of refugees. Also, there is
a lottery for people who come from countries with low
rates of immigration to the United States. You must
determine if you are eligible under one of the paths
to US immigration, which include:
Eligibility
requirements vary not only for each path, but also within
each path. The majority of immigrants are admitted based
on family or employment, and these paths are further
divided into categories based on a preference
system.
All people who want to become immigrants based on employment
must wait for an immigrant visa number to become available
according to the preference system. The immediate relatives
of US citizens, which includes parents, spouses and
unmarried children under the age of 21, do not have
to wait for an immigrant visa number to become available
once the immigrant visa petition filed for them is approved.
An immigrant visa number will be immediately
available for immediate relatives of US citizens. Other
relatives must wait for a visa to become available according
to the preference system.
Immigrant Visa Numbers
U.S. law limits the number of immigrant
visa numbers
that are available every year, which is one of
the reasons for the preference system mentioned above. As
a result, you may not get an immigrant visa number immediately
after your immigrant visa petition is approved. In some cases,
several years could pass between the time USCIS
approves your immigrant visa petition and the State Department
gives you an immigrant visa number. Because U.S. law also
limits the number of immigrant visas available by country,
you may have to wait longer if you come from a country with
a high demand for U.S. immigrant visas.
You
do not directly apply for an immigrant visa number. USCIS
will tell the person who filed the immigrant visa petition
(the petitioner) if it is approved. USCIS
will then send the approved visa petition to the Department
of State's National
Visa Center, where it will remain until an immigrant visa
number is available. The Center will notify you (the beneficiary
of the application) when the visa petition is received and
again when an immigrant visa number is available.
Additional
Information & Links
For
more details on visa numbers, see:
Immigrant Visa Numbers
For
an overview of the preference system, see:
The
Preference System
For more information on labor certification, see:
Employment
Immigration
For
more details on how to apply to adjust to permanent resident
status if you are already in the United States, see:
Becoming
a Permanent Resident (Immigrant) While in the U.S.
For more
details on eligibility, immigrant visa petitions, application
procedures, forms, fees, and where to go for further assistance,
see the appropriate immigration path:
back
to the Immigration Home Page
The information provided
in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic
understanding of this information in summary form. This information
may not be comprehensive, is subject to change, and may not
apply to all individual circumstances. Any information received
here should be confirmed with the appropriate government agencies
or with an attorney, particularly as it relates to your individual
circumstances. Your use of this website indicates your agreement
to be bound by our Terms
of Use.
