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If
you're really unlucky, you may just have to bite the bullet and
marry a local. Not every employer is willing to go through the hassle
of a green card application and obviously lots of people are going
to lose with lottery odds of 1/160. That just leaves marriage. Although
the lottery may be easier in that you're not betting the rest of
your life on the game, the marriage gig doesn't involve any luck.
Just find a yank, marry him or her, and you're in. Well, it's not
exactly that simple, but the restrictions aren't too onerous.
Technically,
this process involves having your spouse "sponsor" your
for permanent residency. The first step is for your spouse to file
a Form I-130, "Petition
for Alien Relative," to demonstrate that you are eligible
for an "immediate relative or family" sponsored visa classification.
Any relative who is an American can file this petition on your behalf,
but we are discussing only spouses because all other types of family
members are subject to such stringent restrictions that they are
almost impotent in helping you acquire a green card. The restrictions
for non-spouse sponsorship are: (1) that there is a limit to the
total number of immigrant visas that may be issued each year in
the various visa categories; and (2) that there is a limit to the
total number of immigrant visas that may be issued each year to
aliens born in any single country.
If
a visa cannot be issued immediately because the demand is greater
than the supply of visas - which it always is - then your name is
placed on a waiting list. For siblings or more distant relations,
this list is years long. Only a few types of relatives can avoid
this purgatory:
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Spouses of U.S. citizens (you've got to marry it, amigo);
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Widows or widowers of U.S. citizens who died within the past
two years, if they had been married to the citizen for two or
more years and have not since remarried;
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Children of U.S. citizens, if the child is unmarried and under
the age of twenty-one; and
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Parents of U.S. citizens, if the citizen is twenty-one years
old or older. So those are your options. If your parents or
children are U.S. citizens, we're guessing you've already figured
out how to get yourself in. For the rest of us, we're going
to have to marry a yank and hope they don't die within two years.
Once
you have successfully filed your I-130, the INS may investigate
your case somewhat. They're not stupid, so they'll be looking to
make sure that you and your spouse are actually married and live
with each other. If they are initially satisfied with your petition,
you may apply for an adjustment of status - from alien to lawful
permanent resident - by filing Form I-485, "Application
for Status as Permanent Resident," with your local immigration
office. Be sure to include your approval from the I-130.
All
adjustment-of-status applicants are then told when to appear for
a required personal
interview before an immigration officer. If you sent in photocopies
of documents for either the visa petition or the adjustment of status
application, you now have to bring the original copies to the interview.
You'll also need to bring your passport and Form I-94, "Arrival-Departure
Record," (which you know as the little white card stapled into
your passport by the immigration officers at the airport. If you've
fooled the INS into believing that you're happily married, bingo,
you're in! If not, well then not only do you not get the green card,
but you're also stuck in a lousy marriage. Our condolences.
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