Understanding When You are Qualified to Self Petition for a U.S. Permanent Residence (Green Green Card) Without a Sponsor
Posted by: ScottMond Law Firm
January 30, 2012
Topic: U.S. Citizenship
Recently, our office has seen an increase in clients who come to our office after being mislead regarding the immigration process of self petitioning for U.S. Permanent resident status. Specifically, after an I-140 has been filed based the Extraordinary Work or National Interest Waiver (NIW) category, it unfortunately results in very significant Notice of Intents to Deny (“NOID”) issued by USCIS which if not overcome, may result in the client being placed in Immigration Removal Proceedings.
The purpose of this blog is to briefly outline when a foreign national may be eligible to take advantage of self petitioning, where a United States sponsor is not needed to become a U.S. Permanent Resident. The following categories are the main individuals who are eligible to self petition:
Extraordinary Workers (EB-1 Priority Workers )
National Interest Waivers (EB-2)
Abused Spouse- VAWA (Domestic Abuse)
U visa – Victim of a Crime
Death of U.S. Spouse before the application process is complete.
Special Immigration Juvenile Visa
The first three categories are based on an individual’s work, occupation and/or contribution to the National interest. The last four are based on particular facts and circumstances. Below are simplified definitions that if you believe you or your family meet the criteria, it is important to into consult with an experienced immigration lawyer as you may be eligible to self petition for U.S. Permanent Status.
A foreign national individual with extraordinary ability in sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation may self petition. INA Sec. 203(b)(1)(A), 8 U.S.C. Sec. 1153(b)(1)(A).
Outstanding Professors and Researchers
If one is recognized internationally as outstanding in a specific academic area, has 3 years experience in teaching or research in the academic area,(experience in teaching or research while working on advanced degree may be counted if degree is acquired), and the person had full responsibility for the class taught, or the research has been recognized as outstanding in the academic field, he or she may be eligible. 8 C.F.R Sec. 204.5(i)(3)(ii).
Multinational Executives and Managers
INA Sec.203 (b)(1)(C); 8 U.S.C. Sec1153(b)(1)(C) states if you are employed abroad for one year (in last 3 years) by a corporation in a Multinational Executive or Managerial role and ownership and control meets the Federal Regulation guidelines you may be pre-certified and eligible to self petition.
EB-2- National Interest Waiver
If the U.S. government believes it is in the National Interest to waive the mandatory requirement of applicants having a labor certification and job offer, USCIS may do so. This category has stringent requirements to demonstrate that an applicant’s skills, education, experience and talents are in the national interest to waive the needed for a U.S. Sponsor.INA Sec. 203(b)(2)(B); 8 U.S.C. Sec.1153(b)(2)(B).
Special Immigrant Religious Worker
A U.S. Employer or foreign national may file a self petition for one who seeks to enter the United States to be employed full time by a bona fide nonprofit religious organization in the United States (or a bona fide organization that is affiliated with the religious denomination in the United States) to work solely as a minister, religious vocation either in a professional or nonprofessional capacity, or in a religious occupation either in a professional or nonprofessional capacity.
Self-Petitioning Battered or Abused spouse or Child of a U.S. Citizen or Lawful Permanent Resident
One may also self petition for immediate relative or family sponsored immigrant classification if you or someone you know is the spouse of a Permanent Resident or U.S. citizen and have been battered or the subject of extreme cruelty.
Generally speaking, U nonimmigrant status is an immigration option for even undocumented immigrant adults or children who have been victims of certain serious crimes and cooperate in reporting the crime. Eventually, adjustment to a U.S. Permanent Resident Status may occur.
Widow/Widower of a U.S. Citizen
If a foreign national was married to a U.S. citizen who is now deceased and who was a U.S. citizen at the time of death, and the spouse died within the last two years, he or she may eligible to self petition.
Special Immigration Juvenile Visa
If a child is present in the U.S., unmarried and less than 21 years of age, has been declared a dependent upon a juvenile court, or is under the custody of an agency, department of state or juvenile court and it is in the best interest that the minor child not be returned to his or her last habitual residence of his or her parent’s country, the child may self petition.
If you believe that you or someone you know is eligible to self petition you may contact our firm with your questions at[email protected] or call us at one of our office telephone numbers conveniently listed at www.scottcclaw.com.
ScottMond Law Firm