ISSUES
. PERMANENT
RESIDENCE
Quotas
. Labor Certification
. Job Offer . Admissibility
. Continued Residence
. Deportation/Removal
. Derivative Benefits
. On to Citizenship
1.
QUOTAS Most
permanent resident applications are subject to
an annual quota, allowing only a certain number
of applications to be granted each year. Accordingly,
if application is made, it may sit in "line"
until it can be considered with other applications
under the quota. The date an application is submitted
is called the "priority date." When
a priority date becomes "current," the
application and all other submitted on or before
that priority date may be considered. Current
priority dates are published every month in the
Visa Bulletin.
2.
LABOR CERTIFICATION Many of the applications
related to employment require the employer to
show that there are no U.S. workers available
who are qualified and willing to take the position
being offered to the foreigner. This process is
called "Labor Certification." It requires
advertising the position, responding to resumes,
and determining fitness of applicants for the
position. If there is an available U.S. worker,
that worker must be hired and labor certification
is not granted. The entire process is strictly
regulated. See more here.
3.
JOB OFFER There
are some employment-based applications that do
not require the applicant be hired by a U.S. entity
to get permanent residence. Most of the applications
require a U.S. entity to desire the services of
the individual, but if the individual is highly,
highly accomplished, the United States will let
him/her in to pursue his/her career and ambitions
further in the U.S. even if a U.S. entity is not
seeking his/her services.
4.
ADMISSIBILITY A
permanent resident applicant must be admissible
in ten general, important ways, including health,
financial ability, clean criminal history, immigration
history, etc.
(See
Admissibility).
5.
CONTINUED RESIDENCE A
permanent resident's status depends on his/her
intention to reside in the United States permanently.
If he/she leaves the United States for more than
six months at one time, there is a possibility
that s/he will be determined to have "abandoned"
his/her residency. If s/he leaves for more than
one year, it is a legal presumption that s/he
has abandoned his/her residency and should reapply
to re-enter the United States. If a permanent
resident knows that s/he will be out of the country
for more than six months, s/he can retain his/her
residency by making application for a "Re-entry
Permit." This allows an absence for two years
without the legal presumption of abandoning residency.
There are times, the officials at the airport
or border may listen to the reasons for an extended
absence and grant return to the U.S. without the
re-entry permit, but that is the rare, rare experience
- not the rule. See Re-entry
Permit and Returning Resident.
6.
DEPORTATION/REMOVAL Permanent
residents, even those living in the U.S. for most
of their lives may be subject to deportation or
removal from the U.S. if s/he takes any action
listed as a deportable offense in relevant laws.
(See Deportation/Removal)
If a resident intends to stay in the U.S. indefinitely
and feels it appropriate to do so, citizenship
application should seriously be considered for
the simple fact that U.S. citizens cannot be deported
or removed.
7.
DERIVATIVE BENEFITS Most
permanent resident applications allow the applicant
to bring his/her immediate family with him/her
to the United States should the application be
granted. Applications for immediate family members,
however, are individual and do not extend to the
other immediate family members. The sections on
each type of application indicate whether derivative
benefits are extended or if separate application
must be made for each family member.
8.
ON TO CITIZENSHIP Generally,
a permanent resident may apply to become a citizen
of the United States if s/he has been a permanent
resident for five years or more, has physically
resided in the United States for 2 1/2 of the
past five years, and is otherwise admissibility.
(See Citizenship).
9.
WORK AUTHORIZATION If
the applicant is in the United States, application
for an Employment Authorization Document ("EAD")
can be made simultaneous with application for
permanent residence (I-485). Regulations require
that the EAD be issued within 90 days of application,
which means that if longer than 90 days has passed
since application, the applicant could go to his/her
local USCIS office to inquire and, if lucky, received
the EAD. EAD authorizes the holder to work at
any location or for more than one employer.
Permanent Residence . Recent
News . Eligibility
. Issues
Each
situation is different.
Seek
legal counsel.
Samuel Art Sue, Esq. & J. Elle Cox, Esq. 
