Permanent Residency Status: Your Options and Your Rights
Permanent residency is also referred to as a “green card” and can be secured through employment or family based immigration. If you are already a resident in the United States, our lawyer can help you file for an adjustment of status. Eligibility for adjustment of status depends on many requirements, including any family relationships or work opportunities in the United States. At the Law Office of Mark Galvin, we are committed to protecting the rights of our clients in obtaining permanent residency status.
Whether you are an employee, employer, relative, or foreign national seeking permanent residency status, it is important to work with an experienced attorney that can inform you of your rights and options while protecting your interests throughout the immigration process. Attorney Mark Galvin has over 25 years of experience in immigration law with an impressive track record and can provide you with the information, advocacy and sound counsel that is necessary in pursuing your immigration-related interests.
Permanent Residence Based On Employment
Permanent residence based on employment can be achieved by obtaining an approved PERM, approved I-140 and filing an application for an adjustment of status (I-485). EB-1 and EB-2 (National Interest Waiver) I-140 preference petition applicants do not require PERM approval. Before filing for permanent residence status, you would typically be employed with a temporary work visa, such as an H-1B, O-1, L-1A/L-1B, E-1/E-2 or E-3, or TN. If you are currently a visa holder residing in the United States, we can guide and assist you with the permanent residence process.
Permanent Residency Based On Family
Generally, US citizens can sponsor their “immediate relatives” (parents, spouses, and single children under age 21) for permanent residence. This is a two-part process. If the immediate relative was admitted or paroled into the US, the US citizen and immediate relative file an I-130 relative petition and I-485 Green Card application with the USCIS which includes an application for a work permit.
Generally, US citizens can also sponsor married and/or children over 21 and siblings. US permanent residents can sponsor their spouse and unmarried children (any age). The US citizen or permanent resident sponsor files an I-130 relative petition. The sponsored relative can apply for permanent residence once a visa number becomes available – where the person applies will depend upon their place of residence and/or status in the US.
A US citizen can file an I-130 relative petition for a spouse residing outside the US and, upon receipt of the I-130 by the USCIS, may file an I-129F petition with the USCIS. Upon approval of the I-129F and notice to the US Embassy/Consulate, the spouse can apply for a K-3 visa to enter the US. Upon arrival in the US, the K-3 spouse can file an I-485 permanent residence application. Any children of the K-3 spouse can enter the US with a K-4 visa and also file an I-485 permanent residence application.
US citizens can also seek to sponsor a fiancé(e) residing outside the US via a K-1 visa. This process involves filing an I-129F petition with the USCIS and, upon approval, the fiancé(e) will apply for the K-1 visa at the US Embassy/Consulate where he/she resides. The K-1 visa requires that the US citizen and fiancé(e) be married within 90 days of the fiancé(e) arrival in the US. The fiancé(e) then can apply for a Green Card (I-485) in the US. Minor children of the fiancé(e) are issued K-2 visas and also can apply for a Green Card (I-485).
Family-based immigration is varied and complex. The Law Office of Mark Galvin has extensive experience and proven track record handling routine and complex family-based immigration cases.
The Law Office of Mark Galvin offers experienced, practical and prompt counsel in business and family immigration matters. Contact the Law Office by e-mail or by calling 401-519-7214 or toll-free 888-859-2138 for services in the United States or abroad.
We offer a flat fee structure so that you know what you are paying at the outset without any hidden or undisclosed costs.