I am already a teacher in China. Can I apply for a green card in America?

A: Teachers in China can apply for American green cards.

The following conditions and methods for applying for a green card in the United States

1. From student to getting a green card

For most people studying in the United States, in order to get a green card, the general practice is to find a job after studying in the United States, and the employer will change his F- 1 student status to H- 1B employment status, and then apply for a work permit from the Ministry of Labor through the employer. After the work permit is approved, apply to the Immigration Bureau for immigration with the priority of the second kind of occupation. Apply for a green card after the immigration application is passed. His professional work and achievements show that his application for immigration to the United States meets the requirements of the United States.

Economic, social, environmental, cultural and health benefits. Individuals with special abilities can be exempted from national interests and do not need to apply for a work permit from the Ministry of Labor. Some people with F- 1 student visas can apply for immigration in this way, whether they are teaching assistants or doing postdoctoral research.

2. green card application for class j visa

Visiting scholars with J- 1 visas to the United States must return to their own country to live and work for two years after completing the scheduled study and research projects in the United States before they can apply for permanent residence status in the United States, which limits the ways for such people to obtain permanent residence status to some extent.

However, such people can apply for immigration in the following three ways:

(1) "Extraordinary people" can apply for immigration to the Immigration Bureau through the first priority;

(2) People with special talents or high education can apply to the Immigration Bureau for immigration through the way of "national interest exemption";

(3) Apply to the Immigration Bureau for exemption from the two-year residence restriction.

Of course, you can also go back to China for two years and then enter the United States as an immigrant.

3. Green card visa application

Holders of American L-I visas can apply for immigration to the Immigration Bureau according to the first priority among professional immigrants, and do not need to apply for a labor card from the Ministry of Labor. Immigration procedures and processes are simple and the time required is much faster.

L- 1 visa belongs to the branch manager or executive director of a foreign company in the United States or other types of companies. Generally, American branches can apply for green cards for L-l visa personnel in the company, including managers of foreign parent companies, as long as they have been operating continuously for more than one year. The relationship between the parent company and the subsidiary company does not need to exist for a period of time. For example, an American company that has been in business for one year is now wholly or partially acquired by a China company (some acquisitions need to be "effectively controlled"), and the acquired American company can immediately apply for the manager green card of this company in China. It doesn't matter whether the applicant has L- 1 status or his time in the United States as L- 1. The business volume of American subsidiaries will have some impact on the applicant's immigration application. If the business amount exceeds 500 or 654.38+00,000 USD, the probability of approval is high. The most important factor is to prove to the Immigration Bureau that both the foreign parent company and the American branch are operating normally, and the American branch must also prove its financial ability to operate in the United States for a long time, including turnover, profit, tax payment, number of employees, etc.

All L- 1 visa holders who meet the above conditions can apply directly to the Immigration Bureau for permanent residence. Usually, the Immigration Bureau will approve their applications after two or three months.

4. People with special abilities apply for green cards.

For people with special abilities and some highly educated people, no matter what kind of non-immigrant visa they hold, they can apply for immigration directly through the way of "national interest exemption". As long as you have a master's degree or above and some scientific research results testify, you can apply for immigration directly to the Immigration Bureau. If these people quote "national interests and letters of recommendation" through professional immigration lawyers, then the thesis is a hard indicator of special ability, and the writing skills of letters of recommendation are also the key to success, especially in research.

Those who have achieved concrete success in research, but have not had time to publish the results, rely on the role of letters of recommendation. For some highly educated students at school, this program can also be used to apply for green cards in advance. If you get a green card and become a permanent resident of the United States, you will automatically become a taxpayer in the United States and must declare all your income to the United States government. The "1040 tax return" in the United States must be submitted before April 15 every year. Failure to enforce American tax laws is considered a crime. If it is proved that it violates the tax law, the green card will be revoked.

There is no provision to regularly check whether foreigners maintain their legal permanent residence status after obtaining permanent residency. In recent years, many China people from Hongkong and Taiwan Province have applied to immigrate to the United States. But when they get green cards and become permanent residents, they want to go back to their original places to work or develop.

Under normal circumstances, permanent residents (green card holders) can re-enter the country with a green card as long as they have been abroad for less than one year. However, if they leave the country for more than one year, their green cards are not enough to ensure their re-entry, and their green cards may be confiscated when they enter the country. Before leaving the country, green card holders should apply to the US Immigration Bureau for re-entry permit if the expected departure time is more than one year. The re-entry permit can be valid for two years after departure. If the person concerned does not return to the United States within two years, he can only return to the United States after applying for a "special immigrant" visa to the American consulate overseas.

The Immigration Bureau will consider the following factors to determine whether the applicant really wants to retain the permanent resident status in the United States, including: the length of departure time, the purpose and motivation of leaving the country, whether to continue to file tax returns as a resident, and the supporting documents for maintaining relations with the United States (such as real estate license, bank account, credit card, valid driver's license, etc.). ), the location of the applicant's relatives and family members, the nature and place of the applicant's work, etc.

Green card holders who intend to become American citizens must understand that re-entry permits can keep their green cards, but they cannot shorten the time required to apply for naturalization, including the legal residence time and actual residence time. At the same time, at the time of naturalization, the applicant must have lived in the United States for at least half of the past five years.

In order to maintain the right of permanent residence, it must be proved by objective actions. The following specific operations can be provided.

Reference:

(1) Buying real estate in the United States;

(2) apply for an American bank account;

(3) Keep American driver's license and credit card;

(4) Family members or relatives should settle in the United States as much as possible;

(5) Try to find a job in the United States;

(6) filing tax returns as a permanent resident, proving that he has fulfilled his obligations to American society as a permanent resident of the United States. American permanent residents working overseas will calculate the declared tax according to a certain proportion according to the number of days they stay overseas. According to the US tax law, American permanent residents can get a tax-free annual income of $70,000 if they work overseas. American permanent residents working overseas should fill in the 1040 form and the 1 1 16 form to calculate how much income is tax-free;

(7) Establish as many relationships as possible in the United States and join various social groups, alliances, clubs, etc. ;

(8) Go back to the United States often, even if it is a short stay.

For foreign citizens who immigrate to the United States, if they want to return to China or visit other countries within five years after entering the country, there are four different entry and exit documents due to different deadlines.

(1) entrance and exit filling. Before obtaining a permanent residence certificate, new immigrants can obtain a temporary entry-exit visa with the original passport stamped. This kind of seal is an entry permit stamped by the immigration officer at the port when immigrants enter the country, allowing the holder to enter and leave the United States within six months or one year with this certificate.

(2) The proof of permanent residence is a green card. If you can come back after leaving the United States for less than one year, you can use this certificate to enter and leave the country.

(3) Re-entry permit. Foreign nationals who want to leave the United States for more than one year should apply to the Immigration Bureau for a "re-entry permit" three months before leaving the United States. This credit is generally valid for two years and can be extended for one year if necessary. -Re-entry permit holders do not need to apply for a visa when they intend to return to the United States after traveling or doing business abroad. When applying for re-entry permit, the applicant should go to the local immigration office to get the form I- 13 1 or call the immigration office to get it, and ask the immigration office to send the form I- 13 1 to the applicant. I-Form 13 1 is specially used to apply for re-entry permit.

You should carefully indicate the number on your foreign permanent residence registration certificate (green card), when and where you expect to leave the United States, the country you are going to, and how long you will leave the United States. Submit the completed I- 13 1 form to the immigration office, and attach two color photos. It is best to apply at least 1 month before the scheduled departure, because it usually takes several months to be approved, but the applicant does not have to wait for the re-entry permit to leave the United States. The application for entry can be stated in the application form, and you can go to the embassy of the country to get the re-entry permit.

(4) Special immigrant visa

This is the most powerful document to prove the right of permanent residence when a permanent resident returns to the United States. To obtain this visa, the applicant must prove to the American consular officer that he has obtained legal permanent resident status and will only stay abroad for a short time. To apply for a special immigrant visa, you need to obtain an OF-230 form, which proves that the document is a green card or an expired re-entry permit. If American consular officials believe that the applicant has not given up the permanent residency in the United States.

It means to issue a special immigrant visa.