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Immigration Roadmap

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- Find your way to green card

Do you have a

OR

Yes

Working on

Yes

job opportunity

No

H1, L1, etc.?

in the U.S.?

http://immigrationroad.com

You may start employment-

No

Already

No

Last updated: July 12, 2009

based immigration process

in U.S.?

Copyright© Immigration Road

Yes

What category?

Yes

Can you get a

No

Employer still

No

nonimmigrant

willing to

Yes

visa (NIV)?

sponsor you?

No

In legal status?

EB-1

EB-2

EB-3

EB-4

EB-5

You may be eligible for

Yes

In U.S.

Yes

GC

immigration through

since 1972?

the "Registry"

Priority workers.

Workers with

Professionals,

Special workers -

Investors

If needed, change your status

No LC required.

advanced degrees or

skilled workers,

religious, translators,

See "investment"

before the end of your stay

No

1. Overstaying visa

EB1(a) may file

exceptional ability.

other workers

gov. employees, etc.

on right side

self-petition.

NIW may file

2. Violating visa terms

self-petition

Follow any path (EB, FB,

3. Entering without inspection

4. Visa fraud such as marriage

Must file I-360,

etc.) to Green Card

Must file I-526

by emplyer, worker

Alien Entrepreneur

or someone else

Some waivers exist, such as

The process is similar to

Be sure not to jeopardize your

Yes

National

245(i) for certain eligible

EB adjustment of status,

legal status while doing so

Intertest Waiver

illegal immigrants. For

except that you must

(NIW)?

others, there is currently

go through interview at

NIV to AOS may

no path to legalization

US Embassy or consulate

If approved

No

raise the question about

your intent while applying

Adjustment

Consular

for non-immigrant visa

of status

Processing

Employer files I-140

Sorry!

Employer willing

OR

Below are a few examples:

No

immigration petition for you

to file LC (labor

certification)?

Yes

Yes

F1, J1

Yes

Find a job (J1 waiver req'd)

No

I-140 denied?

Student?

Post job ads, interview

Sorry!

candidates who meet

No

Apply for OPT, H1B,

minimum requirements

start EB immigration

No

I-140 approved?

B1, B2

Yes

File family-based AOS, or

Visitor?

Qualified

Yes

Yes

No

change to another NIV

U.S. worker?

status if eligible

No

Yes

Approved I-140 is sent to

No

LC denied?

National Visa Center (NVC)

Refugee,

Yes

File I-485 one year after

being admitted as refugee

Asylee?

or being granted asylum.

LC approved?

No

The clock symbol

No

means long wait

Refugee is required to

No

Visa number

Yes

file AOS; Asylee is eligible

(highly recommended)

available?

Your employer must file

Yes

Yes

I-140, Immigrant Petition

K1 Fiancé(e)?

Get married within 90 days

for Alien Worker

Visa number

No

No

File I-485 to adjust status

Go to U.S. consulate for

available?

immigrant visa interview

Yes

Receive conditional green

card if marriage is less

Visa number

No

than 2 years old. File

Your employer must file

available?

I-751 to remove conditions

USCIS security

No

I-140, and you may concurrently

Yes

Yes

checks cleared?

file I-485, Adjustment of Status

File I-485 to adjust status

K3 Spouse?

(I-130 was already filed)

You may file I-485,

Yes

Adjustment of Status

No

Receive conditional green

No

card if marriage is less

Meet all

than 2 years old. File

requirements?

You can also apply for EAD

I-751 to remove conditions

Yes

and AP along with I-485

Yes

Dependent?

Follow primary applicant, or

Receive immigrant visa,

start own process if elibigle

Yes

No

enter U.S. as a

I-140 denied?

permanent resident

No

Yes

Receive I-551 stamp in

No

Denied?

passport at port of entry;

I-140 approved?

green card will arrive in mail

Yes

No

Respond to RFE

Sorry!

in time?

Yes

Yes

No

Yes

No

No

Prefer Consular

No

USCIS security

Yes

Request for

No

Meet all

Yes

Visa number

Yes

Green Card

Processing (CP)?

checks cleared?

evidence (RFE)?

requirements?

available?

Do you have a family

No

Are you eligible

No

member in U.S. ?

for Diversity Visa?

Yes

Yes

Is your relative a

No

Each year there are 50000

diversity visas available,

U.S. citizen?

known as the green card lottery

Yes

DOS sets new rules every year for the

DV lottery, which runs from October

to December

Are you a spouse (IR1),

No

Are you a parent

No

unmarried child under 21 (IR2),

of said U.S. citizen who

or adopted orphan (IR3, 4)?

is 21 or older (IR5)?

You may enter the lottery whether

you are in U.S. or another country

Yes

Yes

You qualify for family-based

immigraton (immediate relative)

Yes

Are you a native of

and do not need to wait

a country with low rate

for a visa number.

No

Is your relative a

of immigraton to U.S.?

permanent resident?

Your relative files I-130,

No

Petition for Alien Relative

Yes

OR

Can you claim nativity

No

No

Are you a spouse, or

of your spouse or parent.

unmarried child?

which is eligible?

Spouse/child may apply for

K3/K4 visa (I-129F) and

enter U.S. as non-immigrant

Yes

Yes

You qualify for family-based

File I-485 to adjust status,

and receive green card

immigraton 2nd preference (F2),

Do you have at least

you need to wait for a visa number.

GC

Yes

high school education?

You may be eligible for V visa,

No

and enter U.S. to wait for