What are the requirements and characteristics to qualify as a legal immigrant in the United States?

There are several ways to immigrate to the United States and be accepted as a legal immigrant, from family ties or work, to visa lottery.

Qualifying as a legal immigrant in the United States depends on certain individual factors and situations, as it may be related to tasks of the Department of State (DOS) or the Citizenship Immigration Service (USCIS).

The most common ways that legal immigrant status is granted are: Obtain permanent residence (LPR) or Green Card holders through a family bond; a permanent job offer; or a capital investment of USD 500 thousand to 1 million depending on the sector; Humanitarian reasons; and visa lottery.

Get a Green Card for family ties

An immigrant can obtain his Green Card holders Through a sponsoring family member, they must be a US citizen or LPR. The preference system benefits spouses or children, however, it can also apply to parents, siblings and other non-direct relatives.

The applicant must submit the application through form I-130 and evidence that proves the family tie. The USCIS will be in charge of approving the application.

Find more information in the following links: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants and https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen

Permanent workers

Permanent worker visas are: EB-1, EB-2, EB-3. These work visas authorize employers to hire foreign nationals to work in the United States, or they authorize foreign nationals to emigrate to the United States for having exceptional skills in various areas of profession and to seek employment in the country.

For EB-1 visas it is necessary to have outstanding performance and ability in science, art, education, business or sports.

On the other hand, for EB-2 and EB-3 visas, the employer must make a formal offer to the USCIS using the I-140 form. USCIS itself will determine approval.

On the other hand, it is also possible that immigrant workers make a visa application before DOS, however, in the same way the approval depends on the USCIS.

Learn more about this type of visa in the following links: https://www.uscis.gov/es/trabajar-en-estados-unidos and https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

Capital investment

The EB-5 visa is reserved for business investors who invest USD 1 million or USD 500 thousand in a new company that employs at least ten people in the United States full time.

It is necessary to file the I-526 Immigrant Petition Form as a Foreign Entrepreneur and have it approved by the USCIS.

See more information at the following link: https://www.uscis.gov/es/trabajar-en-estados-unidos

Humanitarian reasons

The United States issues permits for refugees and asylum seekers. They are considered to be people who have been victims of persecution because of their race, religion, nationality, political position, or because of their affiliation to any group.

It also protects people who are victims of trafficking, genital mutilation, forced marriage, among others.

Although it is not an immigration status, this type of permits includes the Temporary Protected Status (TPS), for countries determined by the USCIS, such as El Salvador, Honduras, Nicaragua, Haiti or Venezuela. In the same way, within the humanitarian permits there is also the Deferred Action for Childhood Arrivals (DACA), which considers people in this situation.

Learn more at the following link: https://www.uscis.gov/humanitarian

Diversity lottery

The United States has a visa lottery program, which offers immigrant visas to people from countries with low levels of immigration to the United States. The Diversity Visa Lottery They are in charge of DOS and every year they deliver green cards to the selected people.

They are in charge of DOS and every year they deliver green cards to the selected people. https://dvprogram.state.gov/

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