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 A US immigrant visa petition is a necessary step toward obtaining a
permanent resident status or a green card. To obtain a green
card, an alien must file a us immigrant visa petition and qualify
within one of the preference groups for immigration. He or she
can then apply for permanent resident status or green cards
application. There are several ways to get green cards, which
gives an alien the right to live and work in the U.S. The
application for green cards can be filed at an U.S. consulate
outside the U.S. (consulate processing) or filed in the U.S. if one
is already in the U.S. (Adjustment of Status).USCIS Update on
New Filing Procedures
for I-140s to be Filed with Approved Labor Cert.
(5/24/2007). |
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| The most often used modes for obtaining Permanent resident status or
green cards |
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Family-Based: through a close family tie to a
U.S. citizen or a U.S. permanent resident;
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Employment-Based: through a U.S. employer, who
offered a job to the alien;
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Diversity Program: the lottery program;
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Refugees and Political Asylees:
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Special Immigrant: e.g.
SP immigrant visa created
for certain victims of the 9/11 terrorist attacks.
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Life Legalization: LIFE (Legal Immigration and
Family Equity Act) allows one who resided unlawfully in the U.S.
during specific periods of the 1980s and who also filed as members in
any of three class-action lawsuits to apply for permanent resident
status.
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| A permanent resident may be considered to have abandoned his
permanent resident status: |
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If one:
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commits an act that makes him removable from the
United States under the INA.
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commits such an act, he may be brought before the
immigration courts to determine his right to remain a Permanent
Resident.
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Move to another country intending to live there
permanently.
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Remain outside of the US for more than one year
without obtaining a reentry permit or returning resident visa.
(Sometimes, one may be considered to have been abandoned his P.R.
status, even if his absence from the U.S. is less than one year.)
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Remain outside of the US for more than two years
after issuance of a reentry permit without obtaining a returning
resident visa.
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Fail to file income tax returns while living
outside of the US.
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Declare himself a “nonimmigrant” on his tax
returns.
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