An LPR is an individual who is authorized to remain permanently in the U.S. LPRs can work in the U.S., is fully protected under U.S. laws, and can travel internationally. However, LPRs are not eligible to vote and can lose their status if they commit certain crimes or leave the U.S. for a long period. Please contact us for more information

In order to apply for LPR status you must have a basis of adjustment. This basis can be an immigrant petition, approved asylum status, or one of several other USCIS categories, including the diversity lottery and provisions for special immigrants. Our firm’s experience in adjustment cases includes (but is not limited to) the bases of adjustment listed to the left.

We are delighted to help our clients apply for and obtain permanent residence and other benefits for which they qualify.  However, applying for any immigration benefit invites government scrutiny.   It is extremely important that you discuss the following with an attorney:  how you entered the United States, whether you have ever been ordered removed (deported), and whether you have been charged with or convicted of any crime.

In most cases applicants for adjustment of status are permitted to work legally in the U.S. and travel abroad (with some restrictions) while their application is pending.

If you have been physically present in the United States for at least one year after your asylum application has been approved or since you were admitted as a refugee, you may apply for LPR status. If you are a refugee it is mandatory that you apply promptly for adjustment of status. Adjustment of status is not mandatory for asylees, but it provides them increased rights and security.

Many grounds of inadmissibility do not apply to those adjusting status as asylees or refugees. Additionally, for those grounds of inadmissibility that do apply, the standards for a waiver are generally more generous than other types of waiver applications. During the adjustment of status process USCIS may re-examine the initial grounds of asylum or refugee status to make sure there are no indications of fraud or TRIG (terrorism related inadmissibility grounds) that were previously undetected. For these reasons it is important that an individual exercise caution in completing the application thoroughly and consistently with information previously provided. Our office has assisted many asylees and refugees in successfully obtaining permanent residence. Please contact us for more information on how we can assist you with this process.

If you do not currently live in the U.S. or are not otherwise eligible for adjustment of status, you may be apply for an immigrant visa through the U.S. Consulate or Embassy in the country where you live or lawfully reside if a relative or employer has filed an approved I-130 or I-140 petition for you or you have an approved I-360 visa petition or are eligible to immigrate through the Diversity Visa Lottery program.   Those who receive an immigrant visa from a US consulate and enter the US on the visa are permanent residents and receive their green card shortly after entering.

Visa application forms and documents including identification, medical exams and criminal records clearances are necessary for all consulates. Procedures vary greatly by country. Our office regularly assists clients with submitting the forms and documents required and prepares them for the immigrant visa interview. Please contact us if you would like more information and assistance with consular processing.

The Diversity Lottery (DV) Program makes 55,000 immigrant visas available annually through a lottery for those from countries with low rates of immigration to the United States. The Department of State holds the lottery every year, and randomly selects “winners” from all qualified entries. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.

The eligibility requirements for the Diversity Immigrant Visa Program are as follows:

• Applicant must be a native of one of the qualifying countries.
• Applicant must have a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education.
• If the applicant does not have a high school education, he or she may substitute two years of work experience, within the past five years, in an occupation requiring at least two years of training or experience.

Our office has experience assisting DV lottery winners on consular processing and applying for adjustment of status. If you have been selected for the DV lottery and would like help with the permanent residence application process, please contact us for more information.

The EB-5 Immigrant Investor Program was created by the US Government for the purpose of creating new jobs for U.S. workers by attracting investment of foreign capital into the U.S. economy.  An individual who obtains an EB-5 visa receives conditional permanent resident status for a two-year period. After two years, if the conditions of the EB-5 program have been satisfied, the investor can apply to remove the conditions on the residency, thus becoming a lawful permanent resident of the United States.

In order to qualify for an EB-5 immigrant visa, the applicant must invest capital in a job-creating business. The amount of capital that must be invested is $ 1,000,000, unless the investment is made in a “targeted employment area” (a high unemployment or a rural area). If this exception applies, a minimum investment of $500,000 is required. It is essential that the commercial enterprise creates at least 10 full-time jobs (or 5 if the investment is in a targeted employment area).

Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are issued to qualified applicants, allowing them to become lawful permanent residents.  There are several categories of visas leading to employment-based green cards, some of which have substantial waiting lists.  This is because many more people seek these visas than the number allotted.  Certain categories, such as priority workers (EB1), special immigrants (EB4), and investors (EB5), rarely, if ever, have waiting lists.  Other categories, such as “Other workers,”  have backlogs that at times last for many years.  The US State Department publishes a visa bulletin each month announcing the date of applications that are currently being processed, giving a general idea of the length of the backlog.

PERM and Filing a Petition

To be considered for most employment-based immigrant visas, the applicant’s prospective employer must first file a PERM application with the Department of Labor.  As part of the PERM process, the employer must show that there is a bona fide job offer, that the employer has attempted to recruit US workers for the position and that the employer is paying the prevailing wage.  After the PERM application has been approved, the employer then files an Immigrant Petition for the Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.  (NOTE:  EB1, EB4, and EB5 visas do not require PERMs.)