immigration -- permanent immigration to the u.s.

There are essentially three broad categories of immigrant visas to permanently immigration to the United States -- a family based visa, an employment based visa, and political asylum. Each of these broad categories involve a different purpose for wanting to come to the United States permanently.

FAMILY BASED VISAS

UNLIMITED FAMILY-BASED. This category provides for unlimited immigration for family members under certain criteria.

Immediate Relatives of U.S. Citizens (IR). The spouse, widow and unmarried children under the age of 21of a U.S. citizen; or,parents of U.S. citizens who are 21 or older.

Returning Residents (SB). Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED. This category is for family members who do not quite qualify as an immediate relative. The number of persons allowed to immigrate under this category is limited each year and is indicated by the number in parenthesis.

Family First Preference (F1). Unmarried sons and daughters over the age of 21 of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2). Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3). Married sons and daughters over the age of 21 of U.S. citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4). Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

EMPLOYMENT BASED VIAS

Priority Workers. This category consists of three sub-groups of employment-based immigrants who are exempt from the labor certification requirement.

Individuals of Extraordinary Ability. This group includes individuals who have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and achievements in their field.

Outstanding Professors and Researchers. An individual who has a job offer for permanent employment either as a professor or as a researcher and is recognized internationally as outstanding in a particular academic field is also exempt from the labor certification requirement. The job offer may be a tenured or tenure-track teaching or permanent research position with a university, or a comparable position to conduct research with a permanent private employer.

Multinational Executives and Managers. A manager and/or executive of a multinational firm, corporation or other legal entity may qualify as a priority worker if s/he has worked overseas for the employer in an executive or managerial capacity for at least one (1) year during the immediately preceding three (3) years, and has been offered permanent employment in the United States by the same employer, or its parent, subsidiary or affiliate thereof, in a managerial or executive capacity.

Advanced Degree Professionals and Individuals of Exceptional Ability. This group consists of professionals who possess an advanced degree or the equivalent, and individuals with exceptional ability in the sciences, arts, or business. A labor certification is required before an immigrant petition can be filed for workers in this category, unless otherwise waived by the Attorney General if deemed to be in the national interest.

Skilled Workers and Professionals. This category always requires a labor certification. To qualify as a skilled worker, the individual must be capable of performing skilled labor (requiring at least two years training or experience). To qualify as a professional, the individual must hold a baccalaureate degree and must be a member of the professions.

Labor Certification. When an offer of permanent/indefinite employment is made by a United States employer to a foreign national and a labor certification is required, the employer must undergo a recruitment process supervised by the United States Department of Labor ("DOL") to determine (1) whether or/not the foreign worker's employment will have an adverse impact on wages and working conditions of workers in the United States similarly employed, and (2) whether or not there are any available, able, willing and qualified United States workers for the particular position offered to the foreign national.

Reduction in Recruitment (RIR) Process If an employer can satisfactorily document at the outset of the labor certification process that it has adequately tested the labor market with no success, a DOL Regional Certifying Officer may reduce the employer's recruitment efforts. To request reduction in recruitment, the employer must submit a written request with the labor certification application supported by documentary evidence that within the immediately preceding six months the employer has made good faith efforts to recruit US workers for the job opportunity through sources normal to the occupation.

POLITICAL ASYLUM

Asylum may be granted to people who are already in the United States and are unable or unwilling to return their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one-year deadline if extraordinary circumstance prevented you from filing within the one-year period after your arrival, so long as you apply within a reasonable time given those circumstances.

Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge.

If you have not been placed in removal proceedings, an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision.

If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case.

If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the USCIS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

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