IMMIGRANT VISAS - LAWFUL PERMANENT RESIDENCE

Issuance of immgrant visas are subject to (1) statuory requirements for eligibility based on family, employment, registry, diversity, refugee or asylle status, cancellation of removal, or subect to special relief, and (2) applicable yearly quotas.

The petitioner requirement that someone act on behalf of the person seeking lawful permanent residence exists unless (a) the applicant has extraordinary employment qualifications; (b) the applicant has been the victim of extreme cruelty or battery by famly members who otherwise would petition for the person; or (c) in limited cases where the petitioner has died: the spouse of adeceased petitioner may seek permanent residency within two years of the spouse's death (by self petitioning).

Where statutory and quota eligibility exists, the immigrant visas process occurs either by (1) a consular interview in which the applicant must establish that there are no grounds for inadmissibility (that would prevent granting lawful permanent residence), or establishes a waiver to any inadmissible grounds, followed by an inspection at the port of entry; or by (2) adjustment of status when the person is already in the U.S. and permanent residency may be sought either with the United States citizenship and Immigration Services (USCIS) by submission of an adjustment of status application; or before an immigration judge in a removal proceeding.

Family Based Immigrant Visas : for persons who have a familial relationship with a U.S. citizen or lawful permanent resident (LPR) which requires that a petition be filed by a famly member of LPR, or under certain circumstances through self-petitioning.

Employment Based Immigrant Visas : provide lawful permanent residence to foreign workers who are able to establish that they have unique skills, or where they have been offered a job in the U.S. and are sponsored by a U.S. employer petition.

Diversity Immigrants : provide 55,000 admissions annually in which preference is given to persons from countries or regions which have not had a large number of persons immigrate to the U.S. over the past five years.

Labor Certification : a U.S. employer sponsoring an employment based immigrant visa application must obtain Labor Certification from the Department of Labor based on the employer showing (1) that the employment of the person being sponsored will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers, and (2) that there are not sufficient available, qualified and willing U.S. workers to fill the position.

Child Status Protection Act (CSPA) : dependent family members who either "accompany" or "follow" theholder of an immigrant visa receive the same immigrant visa preference category and priority date. Congress enacted the Child Status Protection Act to address the problem of children who become ineligible (age out, marry, et al.) while a visa petition is pending. The CSPA preserves the ability of a child derivative beneficiary when aging out is due to backlogs in adjudicating visa petitions.

Revocation of a petition is automatic when (a) the petitioner dies or withdraws the application/petition, (b) the employer or business petitioner ceases to exist, (c) the beneficiary marries when the petition was based on being single (such as a "child" in a family based petition), or (d) when the applicant petitioner divorce (and the preference was based on marriage), except in cases of battered spouses or children.