Obtaining Permanent Residency ( Green Card ) Through Family Members in US

Video Transcript

Welcome viewers to the legal segment of Sitaarre TV, this is Shweta Khandelwal an attorney I specialize in the US immigration and nationality law and I practice in Santa Clara. Today we’ll discuss permanent residence, an overview of the topic of permanent residence and how can one obtain a green card in the US. I know that we’ve discussed this issue in some of the previous episodes specifically we’ve talked about the EB-2 and the EB-3 categories of visas, we’ve also spoken a bit about EB-5, but I thought it’s a good opportunity to discuss this broadly in general so that people can be aware as to the number of ways in which a person can obtain permanent residence. Many times we find that one particular way does not work for an individual in such situations it’s good to be aware of the different possibilities so that one can keep his or her options open. Now there are four ways in which a person can obtain permanent residence, the first is when he or she is sponsored by a family member who is a US citizen or a lawful permanent resident. A US citizen can sponsor their spouse, children, parents or siblings, a permanent resident can sponsor his or her spouse or children. Note that permanent residents cannot sponsor their parents or siblings. The second category of employment-based green cards is the EB-1, the EB-2, the EB-3 and the EB-5 category of visas. Most of them require an employer when some cases an individual who is exceptionally talented or brilliant can even self sponsor his or her green card we’ve discussed the national interest waiver where the individual is not required to have a sponsor and even the EB-1 category which does not require an employer or a sponsor. The third category of immigrant visas is the diversity visa lottery. For nationals from countries that have a low rate of immigration to the US, the diversity visa lottery applies. Now as the name suggests this is a lottery and the chances of success depend upon the country from which you are. The last category is the refugee or asylee, now if you have been in the United States for more than one year as an asylee you may qualify for a green card based on this category and asylee is someone who has fled his or her home country for fear of being persecuted for his or her ideologies beliefs or religion. It is important to remember that you must be in the United States as an asylee if you have to get a green card under this category. You may be eligible for permanent residence in more than one way, so if you find that the current part of permanent residents that you opted for which could be EB-2 the EB-3 or any other visa is not working for you, it’s a good practice to consult an attorney who can review the facts of your case your goals and objectives and can advise you if you have any alternative way of securing permanent residence. Hope you found this session informative of and useful feel free to send me your comments suggestions thoughts and feedback at sweta@khandelwal.com, see you next week you.