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Legal Permanent Residence Attorneys

Information on Green Cards / Legal Permanent Residence

Legal permanent residence (LPR) status allows green-card holders to stay in the United States permanently. LPRs can also work in the U.S. and travel in and out of the country. There are different ways of obtaining LPR status, including family connections, employers, the diversity visa lottery, and asylum.

Family-Based Immigration
For individuals currently present in the US, adjustment of status to LPR may be available through qualifying relatives who are either LPRs or U.S. citizens. The following is a brief overview of the process:

  1. File I-130, Petition for Family Relative;
  2. File I-485, Application for Permanent Residence.
  3. Categories: Spouse, Child, or Consular Process.

Employment-Based Immigration
Individuals with special knowledge or skills needed by a U.S. employer may be able to obtain LPR status based on their special knowledge or skill. The process of obtaining LPR status based on employment is normally comprised of a three phase process:

  1. Labor Certification through the Department of Labor;
  2. I-140 Visa Petition; and
  3. I-485 Application for Permanent Residence.

There are five categories of foreign national workers that may seek lawful permanent residence through employment:

EB-1 Priority Workers

  1. Workers with extraordinary ability in the sciences, arts education, business, or athletics.
  2. Outstanding Professors and Researchers.
  3. Certain Transferring Multinational Executives & Managers.

EB-2 Professionals
EB-3 Skilled or Professional Workers
EB-4 Special Immigrants

  1. Religious Visas
  2. Battered Spouses
  3. Widow Petitions
  4. Other Special Immigrants

EB-5 Immigrant Investors

Diversity Visa Lottery Program
This category allows 55,000 people a year from underrepresented countries, to adjust to LPR status. Eligibility is based on the applicant’s country of origin and certain educational requirements. Applications are accepted at a certain time of the year and those selected for this benefit are chosen randomly.

Asylum is a form of relief available either while in removal proceedings or before. An affirmative asylum application is filed before removal proceedings begin. Affirmative applications must be filed within one year of entering the U.S. unless showing extraordinary circumstances related to the delay. The granting of asylum is based on either past persecution or a well-founded fear of persecution on account of a protected class. The protected classes are:

  1. Race;
  2. Religion;
  3. National Origin;
  4. Membership in a Particular Social Group; and/or
  5. Political Opinion.

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Rodriguez & Moretzsohn, P.L.L.C.

713 Ayers Street
Corpus Christi, TX 78404

Phone: (361) 883-8900
Toll Free: (866) 261-8980
Fax: (361) 883-6609
Emergencies: (956) 740-8472

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