Information About Immigration to America (USA)

You may qualify to immigrate to the United States if you are:

·         A spouse or immediate relative of an American citizen or legal permanent resident.

·         The fiancé of an American citizen.

·         A prospective employee of a United States company.

·         Selected through the Diversity Visa (DV) lottery program.

All prospective immigrants except for DV candidates must have a petition filed on their behalf. The “petitioner” is the person or company who files the petition, and the “beneficiary” is the prospective immigrant.

If you are immigrating to the United States as a lawful permanent resident, you must pay the $165 USCIS Immigrant Fee, unless you meet one of the exemptions.

USCIS uses this fee to process and maintain your immigrant visa packet and to produce and deliver your Permanent Resident Card (commonly known as a Green Card).

Once you receive your immigrant visa packet from a U.S. embassy or consulate, we strongly encourage you to pay the fee before you depart for the United States.

You must pay the fee online, using USCIS ELIS, the USCIS Electronic Immigration System. We will send your Green Card to you after you pay the fee.

You can pay the fee after you immigrate. However, paying before you leave for the United States will help ensure that you receive your Green Card without delay and have been admitted to the U.S.

How to Pay the Fee

Log in or create a new account in USCIS ELIS. Once you log in, select USCIS Immigrant Fee from the drop-down menu.

You will need your Alien Registration Number (A-Number) and U.S. Department of State (DOS) Case ID to pay the fee. (Tips on Finding Your A-Number and DOS Case ID.) You may pay the fee for yourself and any family members who will live with you in the United States.

Note: Attorneys, accredited representatives and employers are not authorized to create a USCIS ELIS account on your behalf to pay the USCIS Immigrant Fee. Only you may create a USCIS ELIS account to pay the fee to obtain your Green Card.

The Green Card

Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

·         an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older

·         a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older

·         a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder

·         a member of a special category, this can include battered spouse or child (VAWA), aK nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

Green Card Through a Job

The main ways to immigrate based on a job offer or employment are listed below:

Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs. 

Green Card Through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver. 

Green Card Through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as:

·         Afghan/Iraqi Translator

·         Broadcaster

·         International Organization Employee

·         Iraqi Who Assisted the U.S. Government

·         NATO-6 Nonimmigrant

·         Panama Canal Employee

·         Physician National Interest Waiver

·         Religious Worker

All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA).

In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.” For more information.

If you are not eligible to adjust your status inside the United States to a permanent resident, the immigrant petition will be sent to the U.S. consulate abroad to complete the visa process. In order to apply for a green card, there must be a visa immediately available to you.

Green Card Through Refugee or Asylee Status

Refugees and asylees can apply for a green card.

If you were	Then you may apply for permanent residence
admitted to the United States as: ·         a refugee ·         a qualifying family member of an asylee	1 year after your entry into the United States
granted asylum in the United States	1 year after the grant of your asylum status

Other Ways to Get a Green Card

Although most immigrants come to live permanently in the United States through a family member’s sponsorship, employment, or a job offer, there are other ways a Green Card (permanent residence) can be obtained, such as the:

·         Diversity Immigrant Visa Program (referred to by many as the 'Green Card Lottery')

·         K Nonimmigrant (includes fiancé(e))

·         Legal Immigration Family Equity (LIFE) Act

·         Special Immigrant Juvenile (SIJ) Status

Additional programs include:

Special Categories of Family
Battered Spouse or Child (VAWA)	Widow(er) of a U.S. Citizen
Person Born to a Foreign Diplomat in the United States	V Nonimmigrant
Special Categories of Jobs
Afghan/Iraqi Translator	Afghan Who Assisted the U.S. Government
Armed Forces Member	NATO-6 Nonimmigrant
International Organization Employee	Physician National Interest Waiver
Iraqi Who Assisted the U.S. Government	Religious Worker
Other Green Card Programs
Amerasian Child of a U.S. Citizen	Informant (S Nonimmigrant)
American Indian Born in Canada	Indochinese Parole Adjustment Act
Cuban Native or Citizen	Lautenberg Parolee
Haitian Refugee	Nicaraguan and Central American Relief Act (NACARA)
Help HAITI Act of 2010	Victim of Criminal Activity (U Nonimmigrant)
	Victim of Trafficking (T Nonimmigrant)

After a Green Card is Granted

Rights and Responsibilities of a Green Card Holder (Permanent Resident)

Your Rights as a Permanent Resident

As a permanent resident (green card holder), you have the right to:

·         Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

·         Work in the United States at any legal work of your qualification and choosing. (Please note that some jobs will be limited to U.S. citizens for security reasons)

·         Be protected by all laws of the United States, your state of residence and local jurisdictions

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

·         Required to obey all laws of the United States the states, and localities 

·         Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities (see IRS link to the right)

·         Expected to support the democratic form of government and not to change the government through illegal means

·         Required, if you are a male age 18 through 25, to register with the Selective Service

Granted a Green Card by an Immigration Judge or Board of Immigration Appeals

What do I do if I haven’t received my green card?

If an immigration judge (IJ) granted you permanent residence during immigration court proceedings or you were granted permanent residence by the Board of Immigration Appeals (BIA) and you have not yet received your green card, please schedule an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office. See the “Make an Appointment” link to the right.

Wait at least 3 days after the judge or BIA decision before you schedule the appointment with the local office. This will allow time for USCIS to receive the decision and update our computer information.

What should I bring to the appointment?

You should bring:

·         A copy of the final order you received from the IJ or the BIA

·         Identity documents (passport, driver’s license, USCIS-issued Employment Authorization Document, etc)

What if I still don’t receive my green card after my appointment?

After your appointment at the local office, if you have complied with all the instructions, including biometrics, and you still do not receive your green card after 30 days:

·         Call the National Customer Service Center (NCSC) at 1-800-375-5283

You must provide the following when you call or email the NCSC:

·         Name 

·         Alien number 

·         Date of birth 

·         Address 

·         Date of your order from the IJ or the BIA 

·         Specific type of relief granted (e.g., adjustment of status, cancellation of removal)

·         Whether your order is final (if you or your representative know)

·         The USCIS local or district office where you attended your appointment

·         Dates of your local office and Application Support Center appointments 

·         Any other relevant information about your request for documentation

This information is required so that USCIS may better respond to your request.

Immigration and Nationality Act

The Immigration and Nationality Act, or INA, was created in 1952. Before the INA, a variety of statutes governed immigration law but were not organized in one location. The McCarran-Walter bill of 1952, Public Law No. 82-414, collected and codified many existing provisions and reorganized the structure of immigration law. The Act has been amended many times over the years, but is still the basic body of immigration law.

The INA is divided into titles, chapters, and sections. Although it stands alone as a body of law, the Act is also contained in the United States Code (U.S.C.). The code is a collection of all the laws of the United States. It is arranged in fifty subject titles by general alphabetic order. Title 8 of the U.S. Code is but one of the fifty titles and deals with "Aliens and Nationality". When browsing the INA or other statutes you will often see reference to the U.S. Code citation. For example, Section 208 of the INA deals with asylum, and is also contained in 8 U.S.C. 1158. Although it is correct to refer to a specific section by either its INA citation or its U.S. code, the INA citation is more commonly used.