An unmarried son or daughter is a person who was once a child but who is now 21 years of age or older. A carried son or daughter is a person who has a recognized parent-child relationship, but who is also married, regardless of age.
· A child born to parents who are married to each other (born in wedlock);
· A stepchild if the marriage creating the step-relationship took place before the child reached the age of 18;
· A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied;
· An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years;
· An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or
· A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child.
Conditional permanent resident enjoys the same rights as the general permanent resident. They can work and go in and out of US freely. And their residence time during this period can also be calculated into that required by naturalization.
You will receive conditional permanent resident status if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
You and your spouse must apply together to remove the conditions on your residence during the 90 days before your second anniversary as a conditional resident. Otherwise, you could lose your conditional resident status and be removed from the country.
Family-based immigration is also called relative immigration, a kind of immigration through a family member who is a US citizen or permanent resident. The US citizen or permanent resident is called the petitioner while the alien relative is called the beneficiary.
Religious vocation means a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination, such as the taking of vows. Examples of individuals with a religious vocation include, but are not limited to, nuns, monks, and religious brothers and sisters.
Religious occupation means an activity which relates to a traditional religious function. Examples of individuals in religious occupations include, but are not limited to, liturgical workers, religious instructors, religious counselors, cantors, catechists, workers in religious hospitals or religious health care facilities, missionaries, religious translators, or religious broadcasters. This group does not include janitors, maintenance workers, clerks, fund raisers, or persons solely involved in the solicitation of donations.
Religious domination means a religious group or community of believers having some form of ecclesiastical government, a creed or statement of faith, some form of worship, a formal or informal code of doctrine and discipline, religious services and ceremonies, established places of religious worship, religious congregations, or comparable evidence of a bona fide religious denomination.
Professional capacity means an activity in a religious vocation or occupation for which the minimum of a United States baccalaureate degree or a foreign equivalent degree is required.
Minister means an individual duly authorized by a recognized religious denomination to conduct religious worship and to perform other duties usually performed by authorized members of the clergy of that religion. In all cases, there must be a reasonable connection between the activities performed and the religious calling of the minister. The term does not include a lay preacher not authorized to perform such duties.
Bona fide organization which is affiliated with the religious denomination means an organization which is closely associated with the religious denomination and which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations.
Bona fide nonprofit religious organization in the United States means an organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986 as it relates to religious organizations, or one that has never sought such exemption but establishes to the satisfaction of the Service that it would be eligible therefor if it had applied for tax exempt status.
Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible foreign nationals are those who have invested, or are actively in the process of investing, the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S.
To seek status as an immigrant investor, you must file Form I-526, Immigrant Petition by Alien Entrepreneur. The Form I-526 must be filed with supporting documentation which clearly demonstrates that your investments meet all the requirements, such as:
• Establishing a new commercial enterprise
• Investing the requisite capital amount
• Proving the investment comes from a lawful source of funds
• Creating the requisite number of jobs
• Demonstrating that the investor is actively participating in the business; and, where applicable
• Creating employment within a targeted employment area
Once Form I-526 is approved, you may obtain status as a conditional resident by:
• Filing Form I-485, Application to Register Permanent Residence or Adjust Status, if residing within the U.S. or;
• Applying for an immigrant visa at a U.S. Consulate abroad, if residing outside the U.S.
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