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Green Card Through Investment
Green Card Renewal
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Green card through investment is available to the person who invests a certain
amount of money in United States by creating a business or expanding one that
already exists. Here the investor must be active in the management. This is also
called as Fifth preference greencard or EB-5. The investor must invest 1 million
dollars or more which provide full time employment to atleast 10 US Citizens.
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Requirements To Qualify:
- Investment in the USA is $1 million or more to start or expand your business and
here you have to provide full time employment to atleast 10 US Citizens.
- This amount of investment may be reduced to $500,000 if the business is located
in a rural or in an urban area with an unemployment rate of at least 150%
greater than the national average rate.
- The investot must be active in the management
- You must maintain the investment in the U.S. for at least three years
- Your priciple residence must be in USA
- You are subjected to US taxation on worldwide income
- If a number of investors join together in creating or expanding business, each
one in the group may qualify for a green card through the single company
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This green card is issued on a conditional basis for a period of two years. If
you are married and have children below age 21, then your family will get the
green cards through family based Green card by submitting all the relationship
proof documents.
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Processing:
First you have to submit the I-526 form to th USCIS to become an immigrant.
Along with this I-526 form you have to submit some documents which shows that -
you are establishing a new business or expanding the existed one in US and
investing the requisite capital which includes cash or cash equivalent and
creating an employment and providing job opportunities to at least 10 US
citizens and proving that you are an active member in the management.
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Once the I-526 form approved then you can file INS form I-485 to register as a
permanent resident , then you may apply for an immigrant visa if you are
residing outside the US.
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Family Based Green Card
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If you have a relative who is a citizen of the United States or a relative who
is a lawful permanent resident, then you can apply for this type Green card. The
person filing an immigration petition for his family member is known as the
sponsor. The relative for whom the family based petition is filed is called the
beneficiary.
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Eligible family members for this green card:
If the sponsor is a US citizen,
- Husband or Wife or Unmarried child under 21 years old
- Parents or Brother or Sister (if the sponsor is atleast 21 years old)
- Unmarried son or daughter over 21 years old
- Married son or daughter of any age
If the sponsor is a Green card holder, he/she may sponsor -
- Husband or Wife
- Unmarried son/daughter of any age
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Application Process
- The sponsors must file the I-130 Petition for their relatives with the USCIS
formerly INS and also attach the relationship evidence
- Once USCIS receives your petition, if they approve it then you will get a mail
from them as a receipt called I-797C, Notice of Action. Using this receipt
number you can track the process of the case online
- The recipient has to wait for an immigrant visa number
- Once you got the visa number, then you can apply for Adjustment of Status , if
you are in the US. But, if you are not in the US, then you must go to the US
consulate to complete remaining process
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Required Documents
- First I-130 petition is the main form to submit by the sponsor to the USCIS. The
sponsor has to attach some documents with this I-130 are: US Citizenship proof,
family relationship proof, Filing Fee($190). If you are filing your petition for
your spouse then you have to submit the following documents als – Two G-325A
forms (One with your information and one with your spouse information), Colored
Photographs
- Once the benefeciary got the immigrant visa, then the sponsor has to submit the
I-864 form
- Passport
- Birth Certificates
- Medical Examinations – These examinations will conducted by a doctor, who is
designated by a consular officer
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Green Card Through Employment
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If you want to get a Green card through employment you must have a permanent
employment opportunity in the United States, or if you are an employer that
wants to sponsor someone for lawful permanent residency based on permanent
employment in the United States.
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There are 5 categories for granting permanent resident status to the foreign
nationals based on their employment skills.
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EB -1 Priority worker - ability in the sciences, arts, education,
business or athletics, professors, managers and executives
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EB-2 Professional with advanced degrees - exceptional ability in the
sciences, arts or business, advanced degree professionals,
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EB-3 Skilled or Professional - professionals with bachelor's degrees,
skilled workers (minimum two years training and experience)
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EB-4 Special Immigrants - Foreign national religious workers, former
employees of the U.S. Government abroad
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EB-5 Immigrant Investors
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Application Process
Getting an employment based greencard is a multi step process which takes several
years to get it.
- Foreign nationals and employers must determine if the foreign national is
eligible for lawful permanent residency under USCIS laws.
- The sponsoring employer must file a labor certification with Department of Labor
for most of the employment categories. Here the Department of Labor certifying
that no qualified US workers are available or willing to do that job that the
alien will perform for them. To proove this situation, the employer needs to
inlcude proof of advertising for the specific position, required skills etc.
- Once labor certification is approved then the employer must file Form I-140,
Immigration petition for alien worker.
- Then you will get an immigrant visa number from the Department of state(if the
priority date is current).
- Then if the applicant is in US then he/she can apply for adjustment of status or
if the applicant outside the US then he/she can go to the nearest consulate in
US to complete the remaining process.
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Green Card Through Marriage
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An individual who marries a US citizenship then he/she will be considered as
“Immidiate relative”, they are excluded from all numerical limitations. Then
they will be eligible to apply for this Green card, he/she may file the petition.
Once the petition is approved then it is forwarded to Immigrant visa branch then
the person can attend for a medical examination and a green card interview.
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Only the Spouses of US citizen only may apply for this type of Green card. If you
marry someone, you must be able to show the marriage certficates, and that you
did not enter into it for the sole purpose of receiving an immigration benefit.
If your fiancée lives outside of the U.S., you'll need to complete the process
for a K-1 fiancée visa first.
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Once the marriage has taken place, the couple files the following with the
Immigration and Naturalization Service (USCIS):
- Petition for Alien Relative (USCIS Form I-130)
- Application to Register Permanent Residence (USCIS Form I-485)
- Biographic Information (USCIS Form G-325A)
- Affidavit of Support (USCIS Form I-864)
- Permission for Work Authorization (Optional) (USCIS Form I-765)
- Medical Examination Results (USCIS Form I-693)
- Request for Travel Documents (Optional) (USCIS Form I-131)
- The appropriate supporting documents
- The USCIS filing fees ($1,010 to $1,365)
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If your intended spouse is in the U.S., then the first step in applying for a
permanent resident card is to file Form I-130 with the Department of Homeland
Security, U.S. Citizenship and Immigration Services (USCIS). In addition, you
should submit form I-485, an application for adjustment of status to permanent
resident. You may file for a K3 visa, if your intended spouse is staying outside
the U.S.While filing a petition, you have to attach your Spouse’s citizenship
proof, photos, biographical forms and marriage certificates.
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