Persons desiring to reside in the United States on a permanent basis will seek to obtain either an immigrant visa from a US consulate outside of the United States, or by applying for permanent residence through the US immigration service in the United States. Both the immigrant visa and permanent residence through adjustment of status in the United States provide the same benefit: the right to reside on a permanent basis in this country, and in both cases the individual receives an alien residence card, also known as a green card.

General Overview

The issuance of immigrant visas or permanent residence is governed by the US immigration & Nationality Act, which was passed by the Congress of the United States in 1952, and which has been amended or changed many times since, most recently in 1996.

At the present time all aliens who wish to live permanently in the United States can be put into one of two categories, either non-quota or quota immigrants. There is no limit on the number of non-quota immigrants who can enter the United States each year. Non-quota immigrants are the immediate relatives of United States citizens, which mean the spouses, and unmarried children (under the age of 21), of US citizens, as well as parents of US citizens, as long as the child petitioning for the parent is at least 21 years of age.

All other aliens coming to live in the United States permanently are known as quota immigrants, and there is a limit on the number of these persons who can become residents each year. Quota immigrants are divided into categories known as preferences. There are family-based preferences and employment-based preferences.

The family-based preferences are as follows:

• The family-based 1st preference is the unmarried sons and daughters of US citizens. These would be those who are unmarried and over the age of 21.
• The family-based 2nd preference is divided into two categories. Category 2A is the spouses and minor, unmarried, children of permanent residents. Category 2B is the adult, unmarried, sons and daughters of permanent residents.
• The family-based 3rd preference is the married sons and daughters of US citizens.
• The family-based 4th preference is the brothers and sisters of US citizens. The US citizen must be at least 21 years of age to file a petition for a brother or sister.
• Apply now with our Family Relations Kit

Each of these preferences has a limit on the number of persons who can receive permanent residence each year, and each country of the world also has its own quota.

• The employment-based preferences are as follows:
• The employment-based 1st preference is divided into three categories: aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• The employment-based 2nd preference is divided into two categories: aliens who are members of the professions holding advanced degrees, or aliens of exceptional ability in the sciences, arts or business.
• The employment-based 3rd preference is divided into three categories: skilled workers, professionals, and other workers.
  Apply now with our Permanent Residence through Employment Kit
• The employment-based 4th preference is for religious workers including ministers of religion; professionals working in religious vocations or occupations; and other workers in religious vocations or occupations that work for US nonprofit religious organizations or at nonprofit religious organizations affiliated with qualified religious denominations.
  Apply now with our Temporary and Permanent Religious Workers Kit
• The employment-based 5th preference (investment visa) is for those aliens who have invested, or are actively in the process of investing capital in a new commercial enterprise in the United States, which will create full-time positions for not fewer than 10 qualifying employees. The amount of the investment must be at least one million dollars, unless the investment is in a targeted employment area, in which case the investment can be $500,000.