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miami immigration attorney

Linda M Kaplan, PA
Immigration Law Firm in Miami and Florida Keys
9500 S. Dadeland Blvd.
Suite 703
Miami, FL 33156
Phone: 305-670-7665
Fax: 305-670-7668
E-mail: lk@lindakaplan.com

 

Immigrant Visa Categories:


Immigrant Visas can be obtained by way of a Business / Employment Petition or a family petition. An immigrant visa (which is sometimes referred to as a “green card”) is permission to live and work in the U.S. on a permanent basis. Assuming certain other requirements are meet, a permanent resident may apply for U.S. citizenship.

Some of the Preference Categories have a waiting list which can be found in the monthly visa bulletin. Please see the links to the most current visa bulletin at
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Family Sponsored Preferences For Permanent Residence

IMMEDIATE RELATIVES Includes:
  • Spouses, parents or children (under 21 years of age) of U.S. citizens
FIRST PREFERENCE Includes:
  • Unmarried sons and daughters (over 21 years of age) of U.S. citizens
SECOND PREFERENCE Includes:
  • Spouses and unmarried children (under 21 years of age) of permanent residents
  • Unmarried sons and daughters (21 and over) of permanent residents
THIRD PREFERENCE Includes:
  • Married sons and daughters (over 21 years of age) of U.S. citizens
FOURTH PREFERENCE Includes:
  • Brothers and Sisters of U.S. citizens (21 years of age) of U.S. citizens

General Information

Those who receive their residence based upon a marriage of less than two years receive "conditional residence" for two years and must file a petition for removal of conditions ninety days before the two years expires.
Stepchildren are included if the marriage that created the relationship occurred prior to the child's 18th birthday.


Employment Based Preferences For Permanent Residence

FIRST PREFERENCE Includes:

  • Intra-Company Transfers - Executive or Managers.
  • Outstanding Professors and Researchers.
  • "Extraordinary Ability" in the sciences, arts, education, Business and athletics.

Note: Categories 1 & 2 do not require a labor certification• Category 3 does not require a labor certification or offer of employment.

SECOND PREFERENCE Includes:
  • Professionals with advanced degrees.
  • Aliens of "Exceptional Ability" in the sciences, arts or business.

Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.

THIRD PREFERENCE Includes:
  • Professionals with bachelor's degrees.
  • Skilled workers filing positions requiring at least two years of training and experience.
  • Unskilled workers.
FOURTH PREFERENCE:

Special Immigrants include qualified ministers and religious workers and certain other categories of limited applicability.

FIFTH PREFERENCE:

Investors who invest at least $1,000,000. in an active U.S. business which employs at least 10 persons. In designated areas of high unemployment, investments of $500,000. with creation of 10 jobs may qualify. Conditional residence is granted for two years. If investment and employment continues beyond two years permanent residence is granted.