Paths to Legal Permanent Residency (LPR or “Green Cards”)
LPRs have work authorization and after 5 years of residency (3 years if married to a U.S. citizen) can apply for citizenship. There are two main routes to get permanent residency or a "green-card". They are based on either family sponsorship or employment.
Sections:
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FAMILY SPONSORSHIP
Family-based sponsorship is a two-step process. First a U.S. citizen or LPR files a petition for their family member(s). Second, the family member (“beneficiary”) applies to immigrate and obtain a visa. This can take place either in the U.S. through adjustment of status (limited circumstances only) or at the U.S. consulate in the country of origin.
There are specific rules regarding which family members are eligible for sponsorship. Furthermore, there are differences between the family members a U.S. citizen versus a LPR can petition for.
- Immediate relatives - the sponsor's spouse, parents, and unmarried children under 21 are not subject to the visa limit that is imposed annually.
- In contrast, visas for all other non-immediate family members are limited and eligibility is based on a preference scale (see USCIS website for more information about preferences). It is not uncommon for non-immediate family members on the preference scale to wait 7-15 years for a visa.
See below for a more detailed explanation or visit the U.S. Citizenship and Immigration Services website.
U.S. CITIZENS can petition for:
- a spouse,
- parents*
- children (any age, married or unmarried)
- siblings*
*U.S. citizens must be 21 or over before they can sponsor parents or siblings. There is no age limit to sponsor a spouse.
A subset of the relatives a citizen can sponsor: the spouse, parents and unmarried children under 21, are considered “immediate relatives” for whom there is no annual limit on the number of visas available.
LPRs can petition for:
All relatives other than the “immediate relatives” of U.S. Citizens fall under the preference system. These preference categories can determine the likely wait for a visa. Even if one is immediately eligible for a visa, one needs to wait for one to be available. For an immediate relative the wait may be a few months, but it is common for waits to be 7 –15 years for relatives who fall under preference system.
Adjustment of Status
When the visa becomes available, the immigrant may apply to become an LPR. If the immigrant is already in the U.S. and was lawfully-admitted (such as on a non-immigrant visa or was able to get their status here, i.e., Temporary Protected Status), they may qualify for an “adjustment of status” so that they do not need to leave the country to obtain an immigrant visa.
Legal Responsibilities of Sponsors- this is an evolving topic, so some parts may not yet have gone into effect. See article for more information. MGH Community News, June 2019
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EMPLOYER SPONSORSHIP:
A U.S. employer may sponsor someone for a specific position where there is a demonstrated absence of U.S. workers. Most employment based aliens must obtain a “Labor Certification” from the U.S. Department of Labor, that verifies that no American worker is available and qualified to take the job. For more information.
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SELF-SPONSORSHIP:
Victims of Domestic Violence
Battered spouses can self-sponsor under the federal Violence Against Women Act (VAWA). These people are already present in the U.S. and might otherwise be required to rely on the batterer to petition and therefore be vulnerable to exploitation based on their immigration status. Through the Violence Against Women Act, victims of domestic violence who were abused by a U.S. Citizen or LPR and individuals who are married to a citizen or LPR, are eligible to apply for their own green card.
Victims of Trafficking
People who are coerced into coming to this country (not of their own volition) may be considered trafficking victims. They could be eligible for a T-Visa which is a non-immigrant visa. After three years, they can be eligible to apply for their green card.
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The Diversity Lottery
There are about 50,000 additional visas available each year through a lottery system (though there is no guarantee that the program will continue). This program is designed to increase the diversity of countries from whom we admit immigrants. Eligibility depends on the country of origin (not all countries receive diversity lottery slots) and requires at least a high school diploma. If one is already legally present in the U.S. one may apply, but it is not a remedy for being undocumented.
http://travel.state.gov/visa/immigrants/types/types_1322.html - From the U.S. Department of State, Bureau of Consular Affairs
Refugees
Refugees are those who must flee their country due to fear of persecution based on five internationally recognized grounds. These grounds are: race, religion, political opinion, membership in a social group or national origin. These immigrants receive their status before entering the U.S. and usually are at least somewhat sponsored by a refugee organization that offers some settlement aid. Refugees do not automatically receive a green card- they must apply after one year of having refugee status.
Asylees
Asylees are similar to refugees, but they either seek asylum upon entering the U.S. or apply for the status within one year of arrival. Those that win asylum status can apply for a green card after one year of receiving that status. If one loses the asylum case he or she is deportable. Many people at this point stay and become fugitives. Only a small percentage of asylum cases are granted. Those who are free pending a decision have a very difficult time getting work authorization. Prior to 1997 it was much less difficult. One tip- if USCIS fails to respond to them within 180 days they are entitled to work authorization.
Detention- Some come to the U.S. with false documentation (often because that is the only way to escape their country) and request an on the spot interview, called the “credible fear” interview. If one has entered with fraudulent documents they will remain in detention pending their case. Those in detention have to hire and pay their own lawyers or represent themselves and it is very difficult to get representation in detention. Most detainees end up representing themselves.
Humanitarian Parole
Humanitarian Parole is very rare and can only be requested for people outside of the U.S. Typical examples of this status are when refugee quotas are exhausted and the U.S. is willing to let in more refugees from a war or natural disaster (such as the tsunami), or when a spouse is in danger overseas. There is a time limit for the duration of stay of a maximum of one year, though individual cases may be shorter. This is NOT an option for as an example, an undocumented parent of an ill citizen child.
Humanitarian Relief
There is very limited humanitarian relief- might be an option for undocumented parents with sick children. This differs from Humanitarian Parole in that Humanitarian Relief is for those already in the country. It is granted at the discretion of the USCIS. Some forms of humanitarian relief mean you cannot apply for a green card.
Fees & Fee Waivers
Some people with low incomes may be eligible to have certain USCIS fees waived or reduced. USCIS has also proposed a PARTIAL citizenship fee waiver.
Eligibility
You can request a fee waiver if:
- The form you are filing is eligible for a fee waiver (See the list available on the Form I-912, Request for Fee Waiver web page or the regulations at 8 CFR 103.7(c)(3)) (see excerpts below);
AND
- You provide documentation showing that you qualify based upon ONE of the following criteria:
- You, your spouse, or the head of household living with you, are currently receiving a means-tested benefit.
- Your household income is at or below 150 percent of the Federal Poverty Guidelines at the time you file. Check the current Federal Poverty Guidelines for this year at Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests.
- You are currently experiencing financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies.
-From https://www.uscis.gov/feewaiver
Which fees may be waived?
From: 8 CFR 103.7(c)(3) (see waiver of fees section- about 3/4 way down page)
(3) USCIS fees that may be waived:
(i) Biometric Fee, except for the biometric fee required for provisional unlawful presence waivers filed under 8 CFR 212.7(e). (Revised effective 3/4/13; 78 FR 535)
(ii) Application to Replace Permanent Resident Card,
(iii) Petition for a CNMI-Only Nonimmigrant Transitional Worker, or an Application to Extend/Change Nonimmigrant Status only in the case of an alien applying for CW-2 nonimmigrant status, [Amended effective 10/7/11; 76 FR 55501]
(iv) Application for Travel Document when filed to request humanitarian parole,
(v) Application for Advance Permission to Return to Unrelinquished Domicile,
(vi) Notice of Appeal or Motion, when there is no fee for the underlying application or petition or that fee may be waived,
(vii) Petition to Remove the Conditions of Residence based on marriage (Form I-751),
(viii) Application for Employment Authorization,
(ix) Application for Family Unity Benefits,
(x) Application for Temporary Protected Status,
(xi) Application for Suspension of Deportation or Special Rule Cancellation of Removal (pursuant to section 203 of Pub. L. 105-110),
(xii) Application to File Declaration of Intention, Request for a Hearing on a Decision in Naturalization Proceedings (under section 336 of the INA),
(xiii) Application for Naturalization,
(xiv) Application to Preserve Residence for Naturalization Purposes,
(xv) Application for Replacement Naturalization/Citizenship Document,
(xvi) Application for Certificate of Citizenship,
(xvii) Application for Citizenship and Issuance of Certificate under section 322 of this Act, (Amended effective 1/19/11; 75 FR 79264)
(xviii) Any fees associated with the filing of any benefit request by a VAWA self-petitioner or under sections 101(a)(15)(T) (T visas),
101(a)(15)(U) (U visas), 106 (battered spouses of A, G, E-3, or H nonimmigrants), 240A(b)(2) (battered spouse or child of a lawful permanent resident or U.S. citizen), and 244(a)(3) (Temporary Protected Status), of the Act (as in effect on March 31, 1997), and (Amended effective 1/19/11; 75 FR 79264)
(xix) Petition for Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539), only in the case of an alien applying for E-2 CNMI Investor status under 8 CFR 214.2(e)(23). (Added effective 1/19/11; 75 FR 79264)
8 CFR 103.7(c)(4)
The following fees may be waived only for an alien for which a determination of their likelihood of becoming a public charge under section 212(a)(4) of the Act is not required at the time of an application for admission or adjustment of status.:
(i) Application for Advance Permission to Enter as Nonimmigrant;
(ii) Application for Waiver for Passport and/or Visa;
(iii) Application to Register Permanent Residence or Adjust Status;
(iv) Application for Waiver of Grounds of Inadmissibility.
Proposed PARTIAL Citizenship Fee Waiver
USCIS recently announced a proposed rule to adjust their fee schedule. The proposal states that the Department of Homeland Security will increase the overall fee from $595 to $640, but will charge a reduced fee of $320 for naturalization applicants with family income between 150 and 200 percent of the Federal Poverty Guidelines. A full fee waiver is already available for those with family income below 150 percent of poverty.
Fee changes will be open for public comment over the summer, and are set to be implemented in the beginning of fiscal year 2017 (October 1, 2016 or later).
-Adapted from Press Advisory: Partial Citizenship Fee Waiver Announced!, MIRA Coalition, May 04, 2016.
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Other Resources:
Legal: Immigration (link to internal page)
