Permanent Residence

The road to permanent residence is typically a two or three-part process:

1. If applicable, obtain a PERM labor certification;
2. Petition for permanent residence; and
3. Apply for permanent residence.

Once a petition for permanent residence is approved by the USCIS, the actual application for permanent residence will then be considered and reviewed.

There are several ways to petition for permanent residence. The first way is through an employment-based petition. The second is through a family-based petition.

Employment based permanent residence petition

Employment-based permanent residence petitions typically require obtaining a PERM labor certification filed with the U.S. Department of Labor.

The process for filing for permanent residence through employment is as follows:

1. If required, an employer will file for a PERM with the U.S. Department of Labor. Once the PERM is certified, the employer will move on to step 2;
2. The employer will file an I-140 petition to the USCIS;
3. If a visa number is available or current through the Department of State, the employee will file an I-485 application to adjust status to permanent residence (if in the U.S.) or will apply to a consulate or embassy abroad via consular processing.

In certain circumstances, the PERM requirement can be waived. These circumstances include petitions where the foreigner meets one of the following requirements for classification as an alien with an extraordinary ability (EB1A), an alien who is an outstanding researcher (EB1B), an alien who qualifies for a national interest waiver (NIW), or a Schedule A occupation (foreign born nurses and physical therapists or a person of exceptional ability in the sciences, arts, or performing arts). Under these circumstances, the three part process outlined above becomes a two part process where:

1. The employee or employer will file an I-140 petition to the USCIS; and
2. The employee will file an I-485 application to adjust status to permanent residence (if in the U.S.) or will apply to a consulate or embassy abroad via consular processing.

Family based permanent residence petition

A family member who is a U.S. citizen or permanent resident can apply for permanent residency for a relative through the following steps:

1. File a family based petition on a USCIS Form I-130 with supporting documents as required based on the familial relationship;
2. If a visa number is available or current through the Department of State, file an I-485 application to adjust status to permanent residence (if in the U.S.) or apply to a consulate or embassy abroad via consular processing.

Green Card Interview

In some cases, an in-person interview will be required either at a consulate or embassy abroad or at a USCIS service center. At this interview, expect to be asked specific questions that were contained in both the petition for permanent residence as well as the application for adjusting status.