IMMIGRATION INFORMATION

I. FAMILY BASED IMMIGRATION: Find Out If You Qualify
Family based immigration is divided into various preference categories. The lower your number on the preference scale, the longer your wait for legal permanent residence. The following is a break down of the family based categories, which you can use to determine if you qualify for a green card.
1. Immediate relatives: This is the only category that allows you to file for legal permanent residence at the same time as you file the alien relative petition. In order to qualify for this category, you must be the spouse of a United States citizen. Parents of United States citizens also fall into this category, although they must file the application for permanent residence separately.
2. First preference: Unmarried Sons and Daughters of United States Citizens. There is currently a two to three year overall backlog on processing visas from this category.
3. Second preference: A. Spouses and Children of Legal Permanent Residents. There is a five to six year overall backlog for this category. B. Unmarried Dons and daughters of Legal Permanent Residents. There is an eight or nine year overall backlog.
4. Third preference: Married Sons and Daughters of U.S. Citizens. There is about a five or six year overall backlog for this category.
5. Fourth preference: Brothers and Sisters of Adult Citizens. There is a twelve to thirteen year overall backlog.
Please note that there is a backlog to processing for each category. There is a longer wait for applicants from the following countries: INDIA, MEXICO, and the PHILIPPINES.

II. EMPLOYMENT BASED IMMIGRATION: For Advanced Degree Professionals
For permanent employment based immigration, you must be employed in a position with an advanced degree, with certain exceptions. The employment based visas are also divided into categories, which are also subject to a backlog in processing, depending on the level of employment. Religious workers and major investors also fall into these categories.

III. TEMPORARY PROTECTED STATUS: An Annual Solution for Natural Disasters and Civil War
The government has discretion to grant Temporary Protected Status to victims of natural disasters and civil war. This allows foreigners who qualify to obtain legal status and work permission for one year. This status may be renewed for additional one year periods. Currently, the following countries have Temporary Protected Status, subject to certain conditions:
Angola
Bosnia-Herzegovina
Burundi I and II
Honduras
Kosovo and Kosovo II
Montserrat
Nicaragua
Sierra Leone and Sierra Leone II
Somali
Sudan and Sudan II
Moreover, there are certain special protections for nationals of Liberia.

For more information on these and other immigration issues, please contact Attorney Katharine Adams. She is fluent in Spanish and conversant in Portuguese.