Immigrant Visas and Legal Permanent Residence

Businesses that employ foreign nationals who intend to live and work permanently in the United States should seek the assistance of experienced attorneys to help them navigate the process of obtaining immigrant visas. Obtaining legal permanent residence is a complex and lengthy process. We have experience in the following areas of legal permanent residence:


Immigrant Petitions for Alien Workers are filed with the U.S. Citizenship and Immigration Services using Form I-140 and the petition is the underlying basis for, in most cases, an employment based green card application. The petition is the critical element in demonstrating qualifications for an immigration benefit to the U.S. Citizenship and Immigration Services (USCIS). Approval of the immigrant petition allows an Application for Adjustment of Status to proceed and reach the final stage of processing. The day an immigrant petition is received by USCIS becomes the “priority date” for issuance of an immigrant visa to the beneficiary of the petition. The U.S. allows a fixed number of new immigrants each year, and if the annual quota is exceeded, the priority date determines who may immigrate first. Specifically, when a priority date has been reached or is considered “current” a beneficiary may file for adjustment of status. In recent years, backlogs have developed in most preference categories. For nationals of some countries, it may take years to immigrate after an immigrant petition is approved.

An explanation of the immigrant visa classifications and the current priority dates may be found at:

Adjustment of Status Application or Consular Immigrant Visa Process

After USCIS approves an Immigrant Petition for Alien Worker, the intending immigrant may be processed for permanent residence either at the United States Consulate where the immigrant normally resides or at the USCIS office having jurisdiction over the immigrant’s residence in the U.S. If the priority date for the application is current, the Immigrant Petition for Alien Worker and Application for Adjustment of Status may be filed concurrently. If the intending immigrant is in the United States in lawful non-immigrant status and has not violated his or her status or been employed without authorization for more than 180 days, he or she may apply for permanent residence at a designated USCIS office. Documentation of identity and lawful status in the US must be presented, as well as a medical examination by an approved physician. If the immigrant will be processed overseas, the Department of State contacts the intending immigrant, and requests biographic data for all family members. Spouses and unmarried children under the age of 21 may immigrate with the principal applicant.


Several routes exist for accomplished immigrants who excel in their field of endeavor. Certain options require employer sponsorship, while many do not. Although the regulations are relatively expansive the interpretation of certain categories is strict and accordingly petitions require careful preparation.

Ready to speak with an immigration attorney?

Our immigration law team is ready and waiting to assist you  — at your convenience and on your schedule. If you or someone you know is facing an immigration matter, contact Tully Rinckey today.