Immigration Flow Chart - Roadmap to Green Card

1 StartYesYesYesNoNoNoYesYesYesYesNoNoNoNo Your relative files I-130,Petition for Alien RelativeApproved I-130 is sent toNational Visa Center (NVC)NoNoYesYesNoNoSubmit DV entry form, alongwith all supporting documents to DOS by lottery is free to enter DV will receive a notificationif you win the lottery(winning doesn't guarantee agreen card , though)Receive immigrant visa,enter US as permanentresident, or adjust statusFollow instrctions to submityour immigrant visa applicationNoNoNoNoYesYesYesYesNoYesSubm it Form I-526,Immigrant Petition byAlien EntrepreneurApproved I-526 is sent Embassy or consulate.(Or, if you are already in elected to adjust status,you may now file I-485) Submit Form I-829 to remove conditions within 90days before 2nd anniversary Yes YesYesNoNoEB-1EB-2EB-3EB-4EB-51. Overstaying visa 2. Violating visa terms 3. Entering without inspection4. Visa fraud such as marriageYou qualify for family-basedimmigraton (immediate relative)and do not need to wait for a visa and your children qualify for family-based 1st preference (F1),you need to wait for a visa , your spouse and childrenqualify for 3rd preference (F3),you need to wait for a visa qualify for family-basedimmigraton 2nd preference (F2),you need to wait for a visa year there are 50000diversity visas available, known as the Green card lotteryDOS sets new rules every year for theDV lottery, which runs from Octoberto DecemberAlreadyin legal status?

2 Do you have a family member in ?Is your relative a citizen?Are you eligiblefor Diversity Visa?Can you invest $500,000 to $1,000,000?Is your relative a permanent resident?Are you a spouse (IR1),unmarried child under 21 (IR2),or adopted orphan (IR3, 4)?Are you a unmarried son or daughter and 21 or older? Are you a married son or daughter? Are you a brother or sister of said citizen who is 21 or older? Are you a parent of said citizen who is 21 or older (IR5)?Are you a spouse, orunmarried child?Are you a native of a country with low rateof immigraton to you have at least high school education?Can you claim nativityof your spouse or is eligible?Do you have 2yrs of work experience?(see instructions)Can you start abusiness ?Can you transform an existing business ?Can you save a struggling business ?Can you invest$ 1M?Can you invest$ in a targetedemployment area?Can you create 10jobs or maintain employee levelat a struggling business?Do you have ajob opportunityin the you get anonimmigrant visa (NIV)?

3 YesNoYesYesWhat category?Follow primary applicant, or start own process if elibigleNational Intertest Waiver (NIW)?Your employer must fileI-140, Immigrant Petitionfor Alien WorkerLC approved?Visa numberavailable?NoNoYour employer must file I-140, and you may concurrentlyfile I-485, Adjustment of StatusI-140 approved?Visa numberavailable?You may file I-485, Adjustment of StatusPrefer ConsularProcessing (CP)?USCIS securitychecks cleared?Visa numberavailable?Post job ads, interview candidates who meetminimum worker?LC denied?You can also apply for EAD and AP along with I-485I-140 denied?Request forevidence (RFE)?Meet allrequirements?Respond to RFEin time?NoNoEmployer stillwilling tosponsor you?Working onH1, L1, , J1 Student?B1, B2 Visitor?K1 Fianc (e)?Dependent?I-140 approved?I-140 denied?Employer files I-140immigration petition for youVisa numberavailable?Approved I-140 is sent toNational Visa Center (NVC)Go to consulate forimmigrant visa interviewReceive immigrant visa,enter as a permanent residentUSCIS securitychecks cleared?

4 Meet allrequirements?Employment based Immigration - adjustment of statusEmployment based Immigration - consular processingFamily based immigrationImmigration through diversity visaImmigration through investmentBe sure not to jeopardize yourlegal status while doing soFind a job (J1 waiver req'd)Apply for OPT, H1B,start EB immigrationFile family-based AOS, orSpecial workers - religious, translators,gov. employees, etc. Must file I-360,by emplyer, workeror someone elseIf approvedMust file I-526 Alien EntrepreneurPriority LC (a) may file with advanced degrees or exceptional may file self-petitionProfessionals, skilled workers, other workersIn 1972?Denied?YesNoYesNoNoYesYesNoYesNoYes YesNoNoYesYesNoNoYesYesNoYesNoYesYesYesN oYesNoYesNoYesNoYesYesNoYesYesNoNoYesNoY esYesNoYesNoYesNoNoNVC sends out instructions tocollect fees and visa application,including DS-230 and I-864 (Affidavit of Support)NVC sends complete packageto Embassy or consulate abroadYou must clear medical exam, security checks, for a visa number tobecome available (PD current)Go through visa interviewAdjustmentof statusConsularProcessingInvestorsSee "investment"on right sideIf sponsor becomes a citizen, he/she may upgrade your petition from FB-2 to IRSpouse/child may apply for K3/K4 visa (I-129F) and enter as non-immigrantFile I-485 to adjust statusGet married within 90 daysK3 Spouse?

5 File I-485 to adjust status,and receive Green cardFile I-485 to adjust status(I-130 was already filed)Your relative files I-130,Petition for Alien RelativeReceive immigrant visa, as a (conditional)permanent residentYou may be eligible for Immigration throughthe "Registry"Some waivers exist, such as245(i) for certain eligible illegal immigrants. For others, there is currently no path to legalization Immigration Roadmap - Find your way to Green updated: July 12, 2009 Copyright Immigration RoadYesYesNoNoYesYesYesNoNoNoYesORThe clock symbolmeans long waitComputerRandomSelectionGreen CardSorry!Sorry!Sorry!Sorry!Sorry!Sorry! Sorry! Green CardGreen CardGreen CardGCGo through consulateinterview for immigrant visaReceive immigrant visaYou may be eligible for V visa,and enter to wait foryour Green card conditional greencard if marriage is lessthan 2 years old. File I-751 to remove conditionsPay application and other feesYou may enter the lottery whetheryou are in or another countryGo through consulateinterview for immigrant visa,(or file I-485 if you are in )Enter and receiveconditional greencard valid for 2 yearsEither way the entire processmust complete before deadlineor DV visas run outReceive I-551 stamp inpassport at port of entry; Green card will arrive in mailDisclaimer: This Immigration Roadmap is for general guidance only and shall NOT be construed as legal advice; Immigration laws and regulations are ever changing, so always confirm with USCIS and/or consult a qualified professional with regard to your case; No warranty is made regarding the accuracy of any information; Not all possible ways to GC are covered by this flowchart, and appeals/motion to reopen are not included; You may start multiple processes if your are may start employment-based Immigration processEmployer willingto file LC (laborcertification)?

6 ORThe process is similar to EB adjustment of status, except that you must go through interview atUS Embassy or consulateGCEach year there are 10000EB-5 visas available for investors, with 3000 set aside for "regionalcenter" program to AOS mayraise the question aboutyour intent while applyingfor non-immigrant visaBelow are a few examples:Follow any path (EB, FB,etc.) to Green CardIf needed, change your statusbefore the end of your stayReceive conditional greencard if marriage is lessthan 2 years old. File I-751 to remove conditionsRefugee,Asylee?File I-485 one year afterbeing admitted as refugeeor being granted is required tofile AOS; Asylee is eligible(highly recommended)YesNochange to another NIVstatus if eligibleYou, your spouse and childrenqualify for 4th preference (F4),you need to wait for a visa number.