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Earning a Green Card through Special Immigration

Some people have been wanting to live AND work in the United States. Exploring its wonders and learning about what the US has to offer. Unfortunately, it remains a dream for some…BUT what if I told you it might come true for you?

My name is Andres Mejer, Immigration Attorney and an immigrant myself. In today’s episode, I’ll be giving some useful information about obtaining a green card through Special Immigration. 

In this video, we will talk about WHO is eligible to get a green card under Special Immigration, WHAT are the things YOU should prepare, HOW the Special Immigration process works, and WHERE you should file your petition.

What is Special immigration?

Special immigration, also known as the fourth preference in the employment-based immigration category, provides green cards to people such as:

  1. Religious workers;
  2. Licensed Physician practicing medicine in a U.S. state as of Jan. 9, 1978;
  3. Members of the US Armed Forces;
  4. Certain employees of the U.S. government (and their family members) who are abroad;
  5. Certain retired employees of G-4 international organizations or NATO-6 employees;
  6. Special Immigrant Juveniles;
  7. AND others.

Under Special Immigration, there are thousands of green cards allocated each year. However, Non Clergy religious workers may get no more than 5,000 of the total.

Who is eligible to apply for Special Immigration?

As part of employment-based immigration, an individual’s occupation will be used as a DETERMINING FACTOR to know whether you are eligible to apply under Special Immigration. 

The following persons are eligible for special immigrant green cards:

  1. Workers for recognized religious organizations;
  2. Foreign medical graduates who have spent a significant amount of time in the US;
  3. Foreign workers who are or were long-term employees of the US government in another country;
  4. Retired officers or employees of a specific international organization who have resided in the US for a specified period of time;
  5. Foreign nationals in the US who have been deemed dependent on juvenile courts (“special immigrant juveniles”);
  6. Individuals who served honorably for 12 years on active service in the United States military after October 15, 1978;
  7. Employees of the Panama Canal Zone;
  8. Iraqi and Afghan translators/interpreters;
  9. Iraqi and Afghan who were employed by or on behalf of the US government;
  10. Civilian personnel of NATO and their families;
  11. AND People coming to work as broadcasters for the Broadcasting Board of Governors’ International Broadcasting Bureau or one of its grantees.

There are SEVERAL ways to get a green card – each with its own set of benefits and drawbacks.

What can you expect if you apply for a green card through Special Immigration?

Here’s a glimpse of what to expect when pursuing this way of obtaining a green card: 

You have a good probability of obtaining a green card since the eligibility in this immigration category is narrowly defined and established;

Your spouse or children (whose age is below 21) CAN benefit from your green card. This means that THEY CAN get their green card as well. You just need to provide proof of your family relationship with each other;

However, you cannot use the green card obtained through Special Immigration for just work and travel purposes. This means that you must intend to really settle or live in the US. 

Now that we know what to expect, let’s explore… How does the application process work?

Under Special Immigration, you do not need someone within the U.S. to file a petition on your behalf. This means that you are ALLOWED to self-petition. BUT… You must take note of the following steps:

Step 1: File your petition (Form I-360) to USCIS

The goal of submitting Form I-360 is to demonstrate your eligibility for one of the special immigrant categories. Most of the time, your petition form is accompanied by supporting documents. 

You can get a copy of the Form and the supporting documents at the USCIS website… linked in the description below (point Down to the description box)

BUT… KEEP IN MIND that WHERE you submit or send your petition DEPENDS on the type of special immigrant you are classified as. The respective addresses for each type of special immigrant can also be found in the USCIS website.

AFTER you finish filing your petition, you must now WAIT for a confirmation letter stating that your paperwork is being processed. This letter will also include your immigration case file or RECEIPT number and a fee receipt.

Please TAKE NOTE that an I-797E Request for Evidence will be sent to you IF the USCIS wants to further details on your petition.

REMEMBER… it might take months before your petition is approved. BUT once it is, they will send you a Notice of Action (or Form I-797)

BUT IF you intend to apply at a U.S. consulate overseas, you must wait for instructions from the National Visa Center (NVC).

Here’s another reminder for you! It is IMPORTANT to note that an approved petition does not grant you any right to immigrate to or live in the United States. It is just a PREREQUISITE that one must have in order to proceed to the next step.

Step 2: Secure an available visa number

There is a CHANCE that you will have to wait in line before you can apply for an immigrant visa or green card. BECAUSE there are only a LIMITED number of green cards available for this category EACH YEAR. 

Your Priority Date may be used to keep track of where you are in the queue list. It is based on the date you filed your I-360 petition.

Furthermore, IF you want to apply for an immigrant visa at a U.S. consulate, you must consult the State Department’s monthly Visa Bulletin. It contains the Priority Dates of those who are eligible to apply for and may get visas that month.

Step 3: Submit applications for permanent residence or green card.

Once your petition is accepted, and you have a visa number, THEN you may apply for permanent residence at:

  • a U.S. Consulate (if you’re from outside the U.S.) 
  • OR at a USCIS Office. 

REMEMBER, the key element of this process is for you to prove that you are not inadmissible to the United States.

Step 4: Request entry to the US as Immigrant Visa Holder

You can now enter the US by presenting your immigration visa. Congratulations! Your immigrant visa permits you to request entrance into the US at a border crossing, airport, or other entry points. 

An Immigrant Visa will be given to you alongside a sealed “visa packet” containing documents that you’ll need to SHOW the border officials when you get to the US. These sealed documents MUST ONLY be opened at the border by a US border officer. 

Remember that before you travel to the U.S., you MUST FIRST review the details indicated in the visa – whether there is an error or not. IF there is an error, then you must NOTIFY your consulate IMMEDIATELY so that the appropriate corrections may be made.

ALSO, there are a few things you should keep in mind when entering the US with your immigrant visa, such as:

  • An inspection will be conducted – where a U.S. border officer will open the sealed visa documents. TAKE NOTE that a border officer has expedited removal powers which means that they have the power to turn you back and send you home IF anything looks to be amiss with your packet OR with your replies to the officer’s inquiries.
  • When the officer determines that everything IS IN ORDER, he or she will stamp your passport, indicating that you are now legally a U.S. permanent resident and may begin working immediately. This stamp is also known as an “I-551 stamp” or an “ADIT stamp.”

And that concludes How to earn your Green Card through Special Immigration. I hope we answered some of your pressing questions or concerns about getting that green card. 

If you find this video informative, then like and share it with your friends who are thinking about using the Special Immigration route in getting a green card.

For more immigration-related content, feel free to Browse our YouTube channel to find other interesting and informative videos.

AND if you have any ideas for future videos or would like ME to talk about a particular topic, go ahead and let me know in the comment section down below.

As an immigration attorney, I have dedicated my years of law practice to helping people like YOU fulfill their dreams. You can call us today if you want to discuss your case and We would be HAPPY to assist you and work WITH YOU to make your goal a reality. 

Until next time, stay healthy and be safe.

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