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A little more info regarding all this discussion....

Immigrants

All persons wishing to have the right to live an work in the United States without restriction must qualify to immigrate and go through the formal immigration procedures. Immigrants to the United States are divided into two categories:

Those who may obtain permanent residence status without numerical limitation, and
Those subject to an annual limitation. The latter category is further divided into

family-sponsored,
employment-based, and
diversity immigrants.

1. UNLIMITED IMMIGRANTS

A. Immediate Relatives: The spouse, widow(er) and minor unmarried children of a United States citizen, and the parents of a United States citizen who is 21 or older.

B. Returning Residents: Previous U.S. lawful permanent residents who are returning to the U.S. after a stay of more than one year abroad.

2. LIMITED IMMIGRANTS

Immigration into the United States is limited to 675,000 persons per year. These visas are regulated by a specific numerical control procedure. That figure is divided into three distinct sub-categories.

A. Family-Based

Preference relatives may receive all of the visas not used by Immediate Relatives, but no less than 226,000 visas per year. Family-based preference categories (with miminum limits in parentheses) include:

First Preference: Unmarried sons and daughters of U.S. citizens, and children if any. (23,400)
Second Preference: Spouses, children, and unmarried sons and daughters of lawful permanent resident aliens. (114,200)
Third Preference: Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)
Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizens are over 20. (65,000)

B. Employment-Based

A total minimum of 140,000 immigrant visas yearly are available for this category which is divided into five preference groups (percent of yearly limit):

Priority Workers: Persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and certain multinational executives and managers (28.6%).
Members of the Professions: Professionals holding advanced degrees, and persons of exceptional ability in the sciences, arts, and business (28.6%).
Professionals, Skilled and Unskilled Workers: Professionals holding baccalaureate degrees, skilled workers with at least two years experience, and other workers whose skills are in short supply in the United States (28.6%).
Special Immigrants: Certain religious workers, ministers of religion, certain international organization employees and their immediate family members, and qualified, recommended current and former U.S. Government employees. (7.1%).
Investors: Persons who create employment for at least ten unrelated persons by investing capital in a new commercial enterprise in the United States. The minimum capital required is between $500,000 and $1,000,000, depending on the employment rate in the geographic area (7.1%).

C. Diversity Immigrant Visa Lottery

The Diversity Lottery makes available a maximum of 55,000 immigrant visa numbers annually to persons selected at random from countries with low rates of immigration to the United States. There is a separate registration for each year's visas. Information on registration for the lottery is announced each year by the State Department.

Application

Whichever of these three paths is chosen, the basic processing procedures are the same. Once the applicant has qualified, the prospective immigrant must next formally apply for immigrant ("lawful permanent resident" or "green card") status. Depending upon where the applicant is physically located, and whether the applicant qualifies for both, the applicant may elect either of two procedures for applying for immigrant status:

For immigration purposes, the beneficiary of a petition is known as the "principal applicant". The principal applicant may or may not be able to include his or her dependants in the application. In most cases that are subject to quota limitations, the principal appolicant's spouse and unmarried children under the age of 21 are automatically eligible to immigrate as well. In cases involving "immediate relatives" (who are not subject to quota limitations), "derivative beneficiaries" are not permitted and each person intending to immigrate must be the beneficiary of a separate petition filed on their behalf.

Certain employment based applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf. All others must have a relative or potential employer petition for them.

Applicants for family-sponsored immigrant visas should request the U.S. citizen relative to file a petition Form I-130 with the nearest Immigration and Naturalization Service (INS). In some cases, if the U.S. citizen is residing abroad, he or she may file the petition with a consular officer at a U.S. Embassy or Consulate.

Applicants for employment-based immigrant visas may require an approved petition Form I-140 from the INS. Priority workers may petition on their own behalf with the INS, while others must have their prospective employers file the petitions. Prior to filing a petition with the INS, members of the profession, professionals, skilled and unskilled workers, must obtain certifications from the Department of Labor that there are no qualified workers available for the proposed employment in the U.S.

Special immigrant returning residents and U.S. Government employees must apply to the Secretary of State through a U.S. consular office abroad. All other special immigrants must file the I-360 petition with INS.

An investor must file a Form-I-526 petition with the INS.

Diversity immigrants must file an application with the U.S. Department of State. Information on registration will be announced each year by the State Department.

The State Department will advise the beneficiary of the petition (the applicant for a visa) when it is received from the approving office. The visa applicant will receive further instructions at that time.

Visa Ineligibility and Waivers

The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit visa issuance to certain applicants. This includes persons who have a communicable disease, or have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring; are terrorists, subversives, members of a totalitarian party or former Nazi war criminals; are likely to become public charges in the U. S.; have used fraud or other illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad 2 years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.

If any of the above restrictions apply, it is sometimes possible to obtain a waiver and continue the immigration process.