Permanent residency can be gained directly by applying for an American Immigrant Visa under either the non-preference or preference system of visa allocation.

There is only one type of visa for permanent residency, called an Immigrant Visa, and once that is obtained there are no special sub classifications or conditions attached to the visa (except for those who have obtained conditional residence as a spouse or investor).

Non-Preference Immigration

This category of immigration is composed of those persons who may immigrate at any time regardless of the worldwide demand for Immigrant Visas. This category includes immediate relatives of American citizens.

To qualify for as a non-preference immigrant you must be a:

• Spouse of an American citizen;
• Unmarried child of an American citizen under the age of 21 years; or
• Parent of an American citizen.

Fiancees of American citizens may enter America using a K1 Visa and obtain a Spouse Visa providing they marry their partner within 9 months after entering the country and their marriage is genuine and lasting.

Preference Immigration

The preference system is structured around an annual quota system, where preferences are allocated a numerical limit determining the priority of each preference classification. This system covers both family-based preferences for relatives of American citizens and permanent residents, and employment-based preferences.

Permanent Residence Preference Categories

Family The family-based preference visa allocation grants visas in the following order: First Preference Unmarried sons and daughters of American Citizens (including divorced sons and daughters) over the age of 21 years. Second Preference Spouse and unmarried sons and daughters (any age) of lawful permanent resident aliens. Third Preference Married sons and daughters of American citizens, their spouses and minor children. Fourth Preference Brothers and sisters of American citizens, their spouses and minor children.

Employment The employment-based preference visa allocation grants visas in the following order: First Preference (EB1) Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers. Second Preference (EB2) Members of professions holding advanced degrees or persons of exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests or welfare of America. Third Preference (EB3) Skilled workers, professionals and other qualified workers. Fourth Preference (EB4) Special immigrants (including ministers of religion). Fifth Preference (EB5) Investors (employment creation immigrants).

Applying under the preference system is not as straightforward as it may seem however, as there is usually a significant backlog of applications meaning you may face a wait of several years before your Immigrant Visa is granted.

Get started by filling in the US Immigration Questionnaire