FACTS AND FIGURES

In California, as in the rest of the United States, the two most popular pathways for immigration are family-based immigration and employment-based immigration. Here are the basic steps involved in each process:

1. Family-Based Immigration

Step 1: Filing the Petition

• A U.S. citizen or lawful permanent resident (LPR) must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the valid family relationship that exists between the petitioner and the beneficiary (the person seeking to immigrate).

Step 2: Visa Availability

• Once the petition is approved, the beneficiary must wait for a visa to become available. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) do not have to wait for a visa number as they are always available. However, other family categories may face significant waits.

Step 3: Application for Permanent Residency or Visa Processing

• If the beneficiary is already in the U.S. legally, they can apply to adjust their status to a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

• If outside the U.S., the beneficiary will go through consular processing at a U.S. embassy or consulate in their home country. This involves interviews, medical examinations, and further paperwork.

Step 4: Green Card Issuance

• Upon approval of the adjustment of status or visa through consular processing, the immigrant becomes a lawful permanent resident and will receive their green card.

2. Employment-Based Immigration

Step 1: Labor Certification (Optional)

• For most employment categories, the process begins with the prospective employer obtaining a labor certification from the Department of Labor (DOL). The certification must demonstrate that there are no qualified U.S. workers available for the position being offered to the immigrant and that hiring the immigrant will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Step 2: Filing the Petition

• The employer files an Immigrant Petition for Alien Worker, Form I-140, with USCIS. This form proves that the employer intends to hire the foreign worker permanently and that the worker possesses the necessary skills and qualifications.

Step 3: Visa Availability

• After the I-140 is approved, the beneficiary must wait for a visa to become available, according to the relevant employment-based category.

Step 4: Application for Permanent Residency or Visa Processing

• If the beneficiary is already in the U.S., they can file Form I-485 to adjust their status to a permanent resident.

• If outside the U.S., the process will continue with consular processing similar to the family-based route.

Step 5: Green Card Issuance

• Once the I-485 or consular processing is approved, the beneficiary receives their green card.

Both pathways are quite structured and can be complex, involving various stages of documentation, fees, and waiting periods. Application processing times can vary significantly based on category, the individual’s country of origin, and USCIS’s current workload. Legal advice from a competent immigration attorney can be invaluable in navigating these processes, especially given the stakes and complexity involved.