How to Petition an Alien Worker for a Green Card in the US?

You have the ambition to work in the US and thereby settle in the US! Well, you can fulfill your ambition by following the right path. You can sponsor a foreign national and allow him to attain his permanent residency as an employer,for which you have to file a petition. The petition filed is Form I-140 which is the Immigration Petition for Alien worker.

Most people obtain green cards either through family based or through employment. Basically getting a green card has the possibility of having permanent employment in the US. One such method is by filing the immigration petition where an employer is required to sponsor. There are few others where the employer is not required to sponsor.

Who should file form I-140:

The form I-140, Petition for Alien Worker can be filed by the US employer for

• The outstanding researcher or professor who has at least three years of experience in the field of education establishing himself in research and teaching which have achieved accomplishments in the academic field
• An alien who has achieved executive position in the firm for at least one year and wishes to render services to the same
• An alien who has extraordinary skills which will benefit the economy of the US thereby helping in the welfare of the US as well.
• A skilled worker with at least two years experience in the respective skill and to perform labor for the qualified workers.
• An unskilled worker with less than two years of specialized training and to perform labor for the qualified workers
• A member of professions with degree of baccalaureate (preaching)

Sponsoring a green card with respect to job offer will entitle one to get a permanent job in the future after getting the green card. So it is not necessary that the beneficiary has to work presently for the employer in order to sponsor the green card. Before filing the form I-140,the employer must file for the labor certification with the Department of labor,which certifies that no US workers are qualified or willing to work for which the alien will do for them. After approval of the labor certification,the immigration petition is filed by the employer. Form I-140 and Form I-485 can be concurrently filed if the priority date is current .The Department of State gives immigration visa number only when the priority date is current. The priority date is the date the Department of labor receives the application in cases if the application is based on the labor certification. The non immigrant status of the applicant does not change though the I-140 is approved.

The Evidence documents include the completed Form I-140, approved labor certification,evidence that the employer is able to pay the wages like the annual reports, bank account records etc, job experience letters from the employers and other documents proving the qualification of the job should also be submitted.

Getting the employment based green card is not an easy job. The foreign worker himself cannot file Form I-140. Submission of the falsified documents along with the application will lead to crime and the application will be denied and worst cases the applicant will be deported.

The Rights of Being a Lawful Permanent Resident

Applying for a green card :

There are different ways to get a permanent resident status. A family member who is a US citizen or permanent resident can sponsor you for a green card. Else, you can also get one through the Diversity Visa lottery program that is held every year. Approximately 55,000 applicants are randomly selected every year subject to certain eligibility conditions. You can also get a green card through employment. Here a qualified US employer needs to sponsor you. A person granted Refugee Status or Asylum may also apply for a Green Card. Like there are many ways to get a greencard, the process and procedures vary too.

Green card holders are known as lawful permanent residents (LPR). We need to understand that a green card is just a privilege and not a right as you may lose this status under a few circumstances. Plainly, it is not enough to just get a green card, you need to maintain it. Per immigration laws, you need to carry evidence of your status in the US at all times.

Benefits of being a green card holder :

As a green card holder, you can apply for government sponsored financial aid for educational purposes. You can pay less tuition fee in universities and colleges. This is also known as “in-state” tuition or “resident” tuition. Savings in most cases are three to four times lower than what foreigners pay. Additionally, as a green card holder, you are permitted to work in any company located in U.S. territory regardless of job function, hours/week, etc. except for some companies that only hire U.S. citizens. And you need not worry about employer sponsorship either. Some jobs require security clearance that only green card holders and U.S. citizens can get. Therefore, a green card provides more job opportunities.

Green card holders have the permission to start their own business and create own corporation. Social security is another benefit you will get when you retire, ie if you had worked for 10 years (40 quarters to be precise) before your retirement. Also, you can sponsor your spouse and unmarried minor children under 21 for them to get permanent resident status in the United States. In this case, the green card that you got for your family will still be valid even if you lose your job or pass away.

If you have a work permit, your spouse and minor unmarried children under 21 can stay in the U.S. as dependents. Even if you have a work permit, your kids have to get student visas to study and work visas to work. But, once they get a green card, they are allowed to stay in the U.S. even after turning 21 and even if they get married.

Another feature is that you will have access to security clearances. You will also be eligible for government grants and be exempted from export restrictions. You have the privilege of most legal rights under U.S. law, except for voting right which is only for U.S. citizens. You will be eligible to apply for U.S. citizenship at a later stage, once you fulfill the eligibility requirements needed while applying for US citizenship. It is not mandatory that you take U.S. Citizenship. You can be a green card holder forever. If your current country allows dual citizenship, you can get U.S. citizenship without giving up your current nationality.

How can I apply green card for my children?

Wondering if you can get green card for your children? Yes. You can. If you are a U.S. Citizen, then you may petition your spouse, parent(s) and children for a Green Card status. Whereas if you a Legal Permanent Resident (green card holder), you can sponsor only your spouse and unmarried children.

Initially, or the first step is the “Immigrant Petition” that will establish a qualifying relationship between the sponsor and the child abroad. Then the next step will be the green card application . If you are the sponsor and are a U.S. Citizen and the foreign child is in the U.S., then it is possible for you to file the Immigrant Petition and Green Card for children application at the same time. Whereas if you are a lawful permanent resident, your child must wait for the Immigrant Petition to be approved before they can proceed with the Green Card application.

While sponsoring for a green card for your children, the first step is to submit Form I-130, the Immigrant Petition. If your child lives outside the U.S., then the next step in the process is to make the application for the Immigrant Visa at a U.S. consulate which has jurisdiction over your child’s place of residence.

And also note that if your child/ren live in the U.S., then you file form I-485 through which you can adjust your status. As a U.S. Citizen, and if your child lives in the U.S. and is both unmarried and under the age of 21, then you can submit Form I-130 and Form I-485 at the same time. This is generally the fastest way to apply for a Green Card. As a Legal Permanent Resident, if your child is married or over 21 or lives outside the U.S., then you must wait for the Form I-130 to be approved before moving to the next step in the process.

If you are a U.S. Citizen, then you may also sponsor your married child for a Green Card. Married sons and daughters of U.S. Citizens fall in the third-preference category. This means that they must wait for a priority date to become available before they can apply for a visa. In other words, married sons and daughters must wait longer that unmarried sons and daughters to apply for a Green Card.

Legal Permanent Residents may not sponsor their married sons and daughters for a Green Card.

Unmarried children below the age of 21 can be sponsored as “Immediate relatives” by their U.S. Citizen parents. They can apply for a Green Card directly without having to wait for a priority date to become current. The US citizen parent can also sponsor their children who are married or over the age of 21, however these children will not qualify as immediate relatives. These applicants will need to wait for their priority date to be current before they are eligible to apply for a Green Card.

A monthly visa bulletin published by the Department of State tells applicants when their Priority Date is current. Before applying for a green card, applicants must wait for their Priority Date to become current.

How to get my Family a green card

Green Card holders (Permanent Residents) have been authorized to live and work permanently in the US. Family based immigration is an immigrant visa classification where it allows an individual to become a permanent resident through a family member who is a citizen or permanent resident of the United States. Most people get green card through parents / spouse / siblings. The United States allows U.S. citizens and permanent residents to petition for their relatives (specific people only) to come and live permanently in the United States.

How can my family get a Green card?

Obtaining a Green Card for family is a two step process. The first step is Family Immigration Petition where they must establish a qualifying relationship between the Petitioner (US Citizen/ Permanent Resident) and the Green Card applicant. There are two categories where the applicants may get their green card. One is, if the family member is inside US then the applicant may qualify to adjust status to Permanent Resident without returning to their home country. Or if the family member is outside US , then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.

The applicants may be eligible to obtain a Green Card through family member who is a US citizen or a Permanent Resident.

US Citizen:
If the family member is a U.S. Citizen then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the U.S. citizen family member files a Form I-130, Petition for Alien Relative, for the applicant.

If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they fall under the category Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.

Permanent Resident:
If the Family Member is a Permanent Resident then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the Permanent Resident /Green Card family member files a Form I-130, Petition for Alien Relative, for the applicant.

If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called Immediate Relative.

There is also another way of Family Immigration which is through Special Categories. The applicant may get the Green Card if he/she is a battered child or spouse of a U.S. citizen, entered the United States with a K1 visa/ K3 visa, obtained V non-immigrant status, a widow(er) of a U.S. Citizen , or born to a foreign diplomat in the United States. If the applicant applies based on the Special Category, he/she must provide relevant proof of the required evidence.

Green Card Through Family

Family immigration is the process where you are sponsored by your family member for legal stay in the US. Green card gives you legal resident status in the US. With a green card, you can live and work in the US permanently. There are different ways through which you can get a green card.You can get one through employment or through the Diversity Visa lottery program. Family immigration is also possible where you can be sponsored by your US citizen or permanent resident family member for a green card.

Family based green card:

In the family immigration process, as a legal permanent resident, you can sponsor your spouse and unmarried children. But to sponsor your parents or siblings, you need to be a US citizen. You can get a green card by being the immediate relative or as a family member in a preference category. But who is an immediate relative in the family immigration context? You are a immediate relative if you are the child (unmarried and under 21 years old) of a U.S. Citizen or the spouse (husband or wife) of a U.S. Citizen or the parent of a U.S. citizen (if the U.S. citizen is 21 years or older).

Whereas you will fall into the preference category in the family immigration context if you are the unmarried son or daughter (21 years or older) of a U.S. Citizen or a married son or daughter (any age) of a U.S. Citizen or a sibling (brother or sister) of a U.S. Citizen. So being an immediate relative or in the preference category will be an advantage in the family immigration process.

While sponsoring your family member, the US citizen or lawful permanent resident needs to file an Affidavit of Support. The US citizen or lawful permanent resident (green card holder) needs to file Form I-130, Petition for Alien Relative with the concerned authority that is the USCIS. Once the petition is approved, the USCIS sends a notification to the US citizen or permanent resident who filed this petition and to the National Visa Center. There is a limit to the number of family-based immigrants in certain categories every year. So the petition will remain in the National Visa Center until an immigrant visa number is available. But here, the immediate relatives of the US citizen, namely parents, spouse and children have an advantage as they need not wait for this visa number as a number is made available as soon the visa petition is approved. The foreign relative will then be informed by the National Visa Center about the petition received and will also notify as soon as the visa number is available. So when the petition is approved, the foreign relative can apply for an immigrant visa at the US embassy or Consulate in their country which is called Consular processing. Whereas, if the foreign relative is already in the US, he/she can adjust non immigrant status to a permanent resident status as soon as the petition is approved by the USCIS. Here the foreign relative can complete the processing without even having to return to his home country.

You can also get a green card through special categories of the family immigration namely, being a battered child OR you obtained V non immigrant status OR born to a foreign diplomat in the United States to name a few.

Sponsoring a Family Based Green card

Most of the people who have settled and are US citizens love to bring their family members who live in other countries to the US .It is not as easy as it sounds and is a very complex process. Green card is the residence or the work permit for an individual who lives in the US legally. Family based green card is green card for a persons who are relatives of the US citizens or green card holders . In other words, the US citizen or permanent resident can sponsor his/her relative who lives outside the US to get a green card.

Family immigration:

Family immigration, as the name suggests, is immigration of the family of the US citizen or lawful permanent residents to the US. Family immigration allows immigration based on the person’s relationship to a US citizen or Legal Permanent Resident and this is an important aspect when sponsoring a family member. The reason being, the US citizens can sponsor parents, spouse, siblings and children whereas a green card holder can only sponsor his/her spouse and children who are unmarried and under the age of 21 years. So if you wish to bring your whole family and enjoy the time together with your family folks, then being a US citizen will make it possible.

Family immigration visa categories are of two types:

Immediate relatives: This includes the immediate close relatives spouse, unmarried children under the age of 21 of the US citizen and parents, provided the US citizen sponsoring is at least 21 years of age.

Family preference relatives: This includes four preference categories – the spouse, minor children, unmarried children of lawful permanent residents, married children of US citizens and their spouse and siblings of the US citizen.

Requirements for family based immigration:

In family based immigration, one can sponsor a relative to immigrate to the US, but there are certain requirements one has to meet to sponsor them like:

• Individual who is sponsoring them should be a US citizens or a lawful permanent resident

• Willingness to file I 130, Petition for Alien relative for the relative whom you would like to sponsor

• Evidence on the funds to support the family that is having income level at 125% of the federal poverty level

Benefits of family based green card:

• Have the right to work anywhere in US

• Can sponsor your relatives

• Do not require Employment authorization to work

• Can become US citizen once the residence requirements are met.

Family based green card can be applied through a two step process:

1. The US citizen or legal permanent resident should submit form I-130 to petition for the Alien relative with a proof of relationship
2. Once the green card petition is approved by the USCIS, if you are already present in the US, you can adjust to permanent resident status from your non-immigrant status .

Therefore considering all the advantages of possessing a green card, and obtaining green card through a family member, you not only become a legal permanent resident, but later can apply for citizenship and thereby speed up the process of getting green cards for the rest of the family.

Can I sponsor my brother or sister for a Green Card?

You can make use of the family-based green card process to apply a green card for your brother or sister. If you are a U.S. citizen, you should have gained your citizenship through naturalization or citizenship process, and you should be above 21 years of old to petition a green card for your sister or brother. Through the family-based green card process once your sister or brother enters the United States they are eligible to work permanently and later apply for citizenship. And you cannot apply for a green card for your sister or brother through family-based green card process if you are a green card holder.

The family-based green card process is a multi step process. First your need to file an Immigration petition using Form I-130 with USCIS. After USCIS approves the Form I-130, an immigrant visa number should be available. Once the immigrant visa is available they will be notified to go and schedule an interview in their local U.S. consulate. If your brother or sister is already in the U.S. on a different visa you can file I-130 later once the immigrant visa number becomes available they can apply for adjustment of status in the United States.

You needn’t file separate Form I-130 for your sister or brother. You can use a single Form I-130 and file for all your eligible sisters and brothers. Along with form I-130 you will need to file Form I-864 Affidavit of Support to establish that you have enough income to support your siblings.

You will have to submit the supporting document along with Form I-130 to establish your relationship, and each supporting document varies based on your situation.

If you and your sibling have same mother you need to file Form I-130, with your birth certificate and your siblings birth certificate with your mother’s name on it along with your proof for citizenship and affidavit of support.
If you and your sibling have same father but different mother, then you will have to file Form I-130 with your birth certificate with your father’s name and your siblings birth certificate with your father’s name, a copy of divorce decree or any documents to prove your fathers previous marriage were ended.

If you are applying for a step sibling who is sharing a common father , then you will need to submit your birth certificate with the name of your father. The marriage certificates between your father to both your natural mother and your step siblings natural mother, and proof of termination of marriage to your natural mother or your siblings natural mother.

If you are applying for a step sibling and you share a common mother, then along with Form I-130 you will have to submit a copy of your birth certificate with that of name of your mother, a copy of your siblings birth certificate with that of name of your mother.

If you or your step sibling illegitimate and related to a common father, then you will have to submit Form I-130 with a proof that you had a bona fide parent child relationship and along with other documents.