US Permanent Residency: All You Need to Know

General US Immigration Requirements 

If you are looking to gain PR status in the US, you should know that immigrant visas and permanent residency documents are issued by the US Department of State through its consulate and embassies in your own country of residence/citizenship. These are some of the basis on which you can apply for an immigration visa:

1. Family ties
2. Employment
3. Being a sponsor to a child you plan to adopt who is not a US resident
4. Special Immigrant Categories
5. Diversity Visa

Family Ties

You can request an immigrant visa based on your family’s connection to the US. However, some limits apply. For example, if you are the brother, sister or parent of a lawful permanent resident, you cannot apply for a family visa. This category only includes spouses and sons/daughters. However, If you have a direct family tie with a US citizen, you can apply for an immigration visa even if you are the brother, sister or parent of the US citizen. 

There are some specific documents that you need when applying for this type of immigration visa. To begin with, once you file a petition for immigration to the US on a family basis, you may need to register with a courier service if you are a UK citizen. This is how your passport will be delivered back to you, as you cannot pick it up in person. For others, you may choose to use a courier service, depending on what mode of collecting you are advised to use at the Embassy office. More importantly, you will also need to complete the visa application form, also known as the DS-260 form.  Remember to print out the confirmation page of your application as you will need this later on.

Other documents you may need when you are going through the family tie option include:

• Passport (with at least eight months remaining until expiration)
• Birth certificate (for yourself and every other person you named in the DS-260)
• Adoption documents (per case)
• Marriage and divorce certificates (per case)
• Police certificates (per case)
• Court and Prison Certificates (per case)
• Military records (per case)
• Two identical photos of yourself taken within the past six months
• Evidence of financial support (Affidavit of Support)
• Proof of relation
• Certified translations (of all foreign languages document)
• Immigrant visa fee receipt
• Medical exam documents

All documents that are written in a language other than English must be translated by a certified translator in order to be considered for your application.

Employment 

To apply for an immigrant visa as an employee, you must first obtain a labour certificate approval from the Department of Labour. Once you have the labour certificate, your employer on US soil must file an Immigrant Petition for an Alien Worker, Form I-140 with the USCIS (US Citizenship and Immigration Services). If you are a part of the Employment First preference category, meaning that you have specialised skills (doctors, engineers), you can file this petition yourself. 

The employment visa category may be the most viable option if you do not meet any of the US immigration requirements for applying for an immigration visa based on your family ties. Other than your proof of family relation document, all other documents are the same as in the case of family-based immigration.

Be a Sponsor to a Child you Plan to Adopt who is not a US Resident

Another category is to become a sponsor for or adopt a child outside the US. If you would like to go this route, you should note that this category will require your future child to have their documents translated by a certified English translator.

Special Immigrant

Special categories of immigrants can also apply for an immigration visa. This category includes former US government employees, US government collaborators in different countries, as well as people who are beneficiaries of petitions or labour certificates, filed before September 11th, 2001. To apply for this category, you will need to show documents that demonstrate that you were a US government employee or collaborator, along with most of the supporting documents that have been listed above.

Diversity Visa

You can also immigrate to the US based on a diversity visa. The Diversity Immigrant Visa program, also known as the green card lottery, is a United States government lottery program for receiving a United States Permanent Resident Card. It's administered by the Department of State and conducted under the Immigration and Nationality Act (INA). The program provides up to 50,000 immigrant visas annually and aims to diversify the immigrant population in the United States, by selecting applicants from countries with low numbers of immigrants in the previous five years.

People from eligible countries are chosen through a random lottery drawing. Selected applicants, along with their spouses and minor children, can obtain a green card (permanent residency) if they pass a background check, medical examination, and interview process.

Immigration VS Residency in the US

The requirements for immigrating to the US are different from the requirements for becoming a permanent resident (green card holder). To immigrate, you generally need to have a qualifying reason, such as family ties, a job offer, or a previous status as a US government employee. And in this instance, you initiate the process by filing a petition.

On the other hand, becoming a US citizen involves additional steps beyond obtaining permanent residency. Some of the requirements include your continuous physical presence in the US for a specified period, demonstrated through legal documents and having no criminal record.

It's also crucial to understand the term 'residency' often refers to having a green card or being a lawful permanent resident (LPR), and not necessarily citizenship. LPRs can live and work in the US indefinitely, but they do not have the full benefits of citizenship, such as voting in federal elections.

Specific US Immigration Requirements 

1. Regardless of your country of residence, you will not be able to enter the US under an immigration visa if you have a criminal record and have not received a successful legal pardon.
    
2. You will also not be able to enter the US if your police record shows a history of crime or drug abuse.
    
3. Similarly, you cannot enter the country if you do not have a full list of vaccinations recommended by the US government or if you suffer from a communicable disease such as tuberculosis.

The scope of the police records and medical documents is to demonstrate that you are eligible for immigration and that you do not display any grounds for being inadmissible as an immigrant. Not being able to demonstrate that you can support yourself financially or if you previously broke immigration law are also grounds for rejection.

Specific US Residency Requirements 

If you are a lawful resident of the US, this means you have a green card. However, you cannot stay out of the US for more than a year. If you do, then the authorities consider that you have abandoned your resident status. 

When this happens, if you wish to re-enter the US, you need to fill out an L-131 form for re-entry. You can also fill out this form before you leave the country, after which you can stay in a different country for two years. 

If you leave the country for 180 consecutive days for work, you need to provide evidence that you intend to remain a US resident. If the document proving this is in a language other than English, then your documents must be translated by a certified English translator. 

1. To become a legal resident of the US, you must be able to demonstrate that you have resided continuously in the US for the past 5 years before applying for residency.
    
2. If you are seeking permanent residency because you are married to a US citizen, then you must demonstrate that you have been residing in the country for the past three years. In this case, you must demonstrate that for at least 18 months within these three years, you were physically present in the country.

You can be granted an exception if you work for the military or in research with an organisation that is recognised as an American research institution. In any of these cases, you must demonstrate your residence or/and employment with valid corresponding documents. If you had to be out of the US for work during the required residency period, then you must provide the documents that show this, in their accurately translated form.

Immigration Requirements for Specific Countries

1. It is important to note that residents in some countries will need to pay a reciprocity fee when applying for any type of visa to enter the US. Concomitantly, some civil documents may differ between countries. Regardless of the country of residence, when documents issued are not in English, they need to be translated.
    
2. You cannot enter the US if you are an Iranian citizen and have been associated with any terrorist groups or organisations. If this is not your case, your immigration visa will be processed at:

• U.S. Embassy Ankara, Turkey
• U.S. Embassy Abu Dhabi, United Arab Emirates
• U.S. Embassy Yerevan, Armenia

Certified Translation Services for US Immigration Purposes

Whether you want to apply for immigration or permanent residency in the US, we can provide you with certified translations for all your documents. 

Translayte provides USCIS-certified translation services, attested by stamp to confirm the authenticity and accuracy of the translation. 

The US Certified translation requirements demand that all documents that are in a foreign language and will be submitted as part of the immigration process must be accurately translated by a certified translator. Your documents cannot be translated by a family member or friend, it must be translated by a recognized certified translator. The certified translator must attach a statement to the translation stating that: 

• They are fluent in both the source language and the target language.
• The translation is an accurate and exact interpretation of what is in the original document.
• They must also attach their signature, stamp/seal, name, address and every other necessary identity information.

As a member of the American Translators Association, Translayte guarantees to translate your document to the highest standard and ensures that your US immigration process will not be prolonged. We guarantee rapid delivery in as little as 12 hours, with same-day delivery for urgent cases.  

Get in touch with our team today to consult on our competitive fees and have your documents translated in no time.