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Self Petition
Immigration laws allows a limited number of people to apply for permanent residence even though
they do not have a family member or employer sponsor, are not a refugee and have not won the lottery.
Country specific programs: Congress has passed several laws which provide such benefits to
nationals of certain countries, for example, Salvadorans, Cubans, Guatemalans, Vietnamese,
Cambodians, and national of the former Soviet Union and former Yugoslavia may apply for permanent
residence IF they meet a number of specific requirements.
Registry: The registry program allows people who have lived continuously in the United States
since January 1, 1972 to apply for permanent residence if they can demonstrate good moral character,
that they are not ineligible for citizenship, and have not committed crimes which would render
them deportable.
Investors: Business persons who invest, or are in the process of investing at least one million
dollars in a new, for-profit U.S. enterprise can petition directly to the USCIS for their permanent
residence. In order to qualify, the investor must demonstrate that the investment will result
in full time employment of at least 10 full time workers and that the investment will benefit
the U.S. economy. The investor must play an active role in running the company. If the
investment is in a rural area or one with high unemployment, the minimum investment amount
is lowered to $500,000. Loans do not qualify as investments, but promissory notes secured by
the investor's personal assets can qualify. Applications for permanent residence which are
approved based upon a qualifying investment are initially granted for two years. Within 90
days of the second anniversary of the initial approval, investors must file to remove the
conditional basis by showing that the required capital has been invested, the jobs have been
created and the business venture is ongoing.
Exceptional and extraordinary ability applicants: Applicants who can demonstrate an extremely
high level of achievement and recognition in their respective fields may file their own immigrant
petitions with USCIS. The standards for these cases are extremely rigorous, and only a small
number of individuals will qualify for these types of cases. Exceptional applicants are held to
slightly lower standards than extraordinary candidates, but must request a "national interest
waiver" before their applications can be granted.
Battered spouses and children: The spouses and children of US citizens and permanent residents
may apply for permanent residence based upon a showing of battery or extreme cruelty by their
spouse or parent. The spouses and children of citizens may apply for permanent residence
concurrently with the self petition; spouses and children of permanent residence must wait
until a visa number is available to them. Battered spouses must show that they entered the
marriage in good faith and that they resided with their spouse. If divorced, battered spouses
must file within two years of the divorce, and must demonstrate that the abuse led to the divorce.
Battered children need not file within two years of the divorce if their relationship with the abuser
is ongoing.
Widows and widowers of U.S. citizens: The spouses of deceased U.S. citizens may petition for
themselves and their minor children if they had been married to their spouse for at least two
years, were not divorced at the time of the death, and have not remarried. Widow/widower
self- petitions must be filed within two years of the citizen's death.
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