Permanent Resident Visa

The procedure to become a lawful permanent resident (LPR) of the United States will depend on which US immigration program you apply for:

Family Sponsorship – US citizens and permanent residents can sponsor family for a Green Card.

• Family Member Living in the USA
  • Permanent US residency through family sponsorship often involves a family member who is already living in the USA with temporary legal residency status.
  • The process generally begins with the American citizen or US permanent resident filing the Form I-130 Petition for Alien Relative.
  • This is followed by filing the Form I-485 Application to Register Permanent Residence or Adjust Status, providing copies of required documents and paying the governmental fees.
• Family Member Living Outside the USA
  • In general, to apply for a Green Card through family sponsorship for a family member living outside of the United States, the American citizen or US permanent resident will file the Form I-130 Petition for Alien Relative with USCIS.
  • If the petition is approved, the file will be forwarded to the National Visa Center and then to the American Embassy or Consulate in the family member’s country of residence.
  • The family member will file the Form DS-260 Application for Immigrant Visa and Alien Registration with the US State Department and provide copies of the required documents.
  • A consular interview will be scheduled at the American Embassy or Consulate; governmental fees must be paid and relevant documents must be presented.
  • If approved, the US consular official will place an Immigrant Visa on a page of the family member’s passport and then the Immigrant Fee will need to be paid online to USCIS so the Green Card can be sent to the designated address in the United States.

Employment-Based Green Card

• Applying from Outside the USA
  • In order to apply for employment-based (EB) permanent US residency from outside of the United States (such as the EB-1 Visa, EB-2 Visa or EB-3 Visa), the foreign worker must satisfy the requirements for the particular US immigration program.
  • The Form I-140 Immigrant Petition for Alien Worker will generally need to be filed by a sponsoring employer.
  • A Labor Certification from the US Department of Labor will usually be required (there is an exception available for the EB-1 Immigrant Visa).
  • If USCIS approves the petition, the file will be forwarded to the National Visa Center and then sent to the American Embassy or Consulate in the foreign worker’s country of residence.
  • The foreign worker will file the Form DS-260 Application for Immigrant Visa and Alien Registration with the US State Department and provide copies of the required documents.
  • A consular interview will be scheduled at the American Embassy or Consulate; governmental fees must be paid and relevant documents must be presented.
  • If approved, the US consular official will place an Immigrant Visa on a page of the foreign worker’s passport and then the Immigrant Fee will need to be paid online to USCIS so the Green Card can be sent to the designated address in the United States.
• Applying from Inside the USA
  • A foreign worker already living in the US as a temporary legal resident who wants to apply for permanent US residency through the EB-1 Visa, EB-2 Visa or EB-3 Visa program will generally need the sponsoring employer in the USA to file the Form I-140 Petition for Alien Worker with USCIS (foreign workers with Extraordinary Ability can file the I-140 Petition on their own and no Labor Certification or job offer is required).
  • A qualifying job offer from a US employer is generally required (except for foreign workers with Extraordinary Ability).
  • In some cases, a labor certification from the US Department of Labor must be received.
  • If the Form I-140 Petition is approved, the Form I-485 Application to Register Permanent Residence or Adjust Status will be filed with USCIS, copies of the required documents must be provided and the governmental fees must be paid.
  • Foreign workers approved for employment-based US permanent residency through adjustment of status will receive a permanent residency card (Green Card) at their address in the USA.

Diversity Immigrant Visa

To apply for one of the 55,000 Diversity Immigrant Visas and US Green Cards made available each year through the Diversity Visa (DV) Program, an applicant must:

• have been born in an eligible country; and
• meet the education or work experience criteria;
• correctly file the DV-Lottery application with the required photo(s);
• be randomly selected as a winner in the DV-Lottery;
• file the Form DS-260 with the Kentucky Consular Center (KCC);
• pay the Diversity Visa Fee(s) and pass the consular interview successfully;
• receive the Diversity Immigrant Visa on a page of his or her passport;
• pay the USCIS Immigrant Fee to receive the US Permanent Resident Green Card.

Please note that this is a brief overview of the US Permanent Resident Visa Application process for three major US immigration categories; there may be additional requirements and procedures; the requirements and procedures are subject to change; and there are other ways to become a US permanent resident, including as a:

• special immigrant,
• asylum-seeker or