US PERMANENT IMMIGRATION VISAS

Immigrant visas are issued to those wishing to live in the United States permanently. Everyone else gets non-immigrant visas. Except for a few types of visa renewals, visas cannot be issued inside American borders.

Before September 2002, the agency that was charged with overseeing immigration issues was the Immigration & Naturalization Service (INS). In September 2002, Congress passed and President Bush signed the Homeland Security Act - which transferred the powers of the INS to the Department of Homeland Security.

The enforcement powers of the INS are now with the Directorate of Border and Transportation Security. The immigration service functions of the INS are now under the Bureau of Citizenship and Immigration Services (BCIS). Both of these agencies are within the new Department for Homeland Security.

GETTING A GREEN CARD

The famed "green card" (which isn't actually green anymore) is more than just a work permit. While it does give you the legal right to work in the US, it's an Alien Registration Receipt Card that identifies the holder as a permanent US resident - an immigrant who is living and working in the US.

The process begins with an application for permanent residency at the US embassy or consulate of your home country. Once approved, an immigrant visa is stamped into your passport that's good for six months. You must enter the US within that time frame in order to claim your green card.

Accepting the green card gives you a resident immigrant status, making the United States your permanent home with the right to live and work here. You are still free travel in and out of the US at that point, but to prevent complications, it's best not to leave for more than six months at a time.

TYPES OF GREEN CARDS

Depending on your connection to the United States, you may qualify for a different green card category. In most cases you must have an American sponsor, such as a relative or employer, to obtain a green card and you must be eligible under an available immigrant category.

Quotas limit how many migrants can enter each year, as well as how many immigrants the US will accept from specific countries each year. Once those allotments are filled, applicants are placed in a waiting list, which can sometimes delay entry by years.

Immediate family members visas: Immediate family members of US citizens can qualify for a green card. This category of green cards is for those who are:

• Spouses of US citizens
• Unmarried children under 21 with one US citizen parent
• Parents of a US citizen under 21
• Step children or step parents of a US citizen, depending on the age of the child
• Someone who adopted or was adopted by a US citizen, depending on the age of the child at the time of adoption

Marriage visas: Marriage has special procedural rules. The BCIS can grant "conditional permanent residence" for those who are married to US citizens while the full green card application process is completed.

Work visa: Those moving to the United States because of a certain type of skill for employment may qualify for a green card if they fall into one of the preference categories established by the United States government. These preference categories are very limited and specific about the criteria required to receive a green card. Quotas are established for each of these preference categories.

Long term illegal residents: Some individuals who have resided illegally in the United States for a long period of time may be eligible for a green card if:

• The illegal resident's immediate family members are US citizens and
• The immediate family members would suffer undue hardship were the illegal resident forced to leave