Family or employment: the main routes to permanent residence

Immigration law is technical, and the right path depends on details of family, employment and history. This overview describes the two most common routes in the United States, so you know the questions to ask. It is not a substitute for advice on your own situation.

Family-based immigration

A citizen or permanent resident can sponsor certain relatives. Immediate relatives of citizens, such as spouses, minor children and parents, are not subject to annual numerical limits. Other categories, including adult children and siblings, are limited by yearly quotas, and waiting times can be long.

Employment-based immigration

Employment categories usually require a job offer and, in many cases, a labour certification demonstrating that no qualified worker in the country is available. Some categories are for people of extraordinary ability, or for those whose work is in the national interest, and may not require an employer to sponsor.

Common mistakes

• Filing before checking eligibility, which can lead to a refusal on the record.
• Travelling while an application is pending without confirming the effect on it.
• Giving inconsistent information on different forms.
• Missing a response deadline on a request for evidence.

The first step

Before filing anything, have your circumstances reviewed. A short consultation can reveal options you did not know about, and prevent an error that would be costly to correct.