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Special Situations

Immigrant visa numbers are actually awarded on the basis of a preference system. First of all, anyone who is an immediate relative of a U.S. citizen (parent, spouse, unmarried child under the age of 21) does not have to wait for a number; it is granted as soon as INS approves the petition. All other family members are ranked in the following order of highest preference:

  • Unmarried adult children (INS classifies adults as those 21 and above).
  • Spouses of LPRs and their unmarried children of any age.
  • Married children of U.S. citizens, their spouses, and their minor children.
  • Brothers and sisters of adult U.S. citizens, their spouses, and their minor children.

For those seeking LPR status based on employment there is a separate preference system; in order of highest preference it is as follows:

  • Priority workers (people with special skills and abilities, noted professors and researchers, selected multinational executives)
  • Professionals who hold advanced degrees or otherwise have demonstrated exceptional ability in their career.
  • Highly skilled workers and professionals
  • Certain special immigrants, including those in various religious vocations
  • Employment Creation Immigrants, or Immigrant Investors (people with a specific plan to come to the United States and establish a business that will employ at least 10 people)

Another special situation applies to those who qualify for the Diversity Visa program. Every year the United States sets aside 55,000 visas for immigrants from countries that are considered under-represented in terms of immigration volume (typically a country from which fewer that 50,000 people emigrate each year). Anyone who is from one of these under-represented countries can enter the “Diversity Lottery.” The application submission instructions and dates are usually posted by INS in August and the lottery is usually held in October.

Those who receive LPR status based on their marriage to a U.S. citizen are considered conditional permanent residents if the marriage is less than two years old on the day LPR status was granted. This is to cut down on the number of people who enter into marriages of convenience simply to remain in the United States.


Inside Special Situations