Top Guide to the United States Immigration Process

The U.S. is a famous immigration destination due to the advantages and liberties United States nationals and green card holders enjoy. If you have determined to relocate to the United States, you are possibly wondering what the procedures for immigration are like. There are several various types of United States Immigrant visas. Yet, the United States relocation procedures commonly start with a qualified sponsor filing a plea with USCIS for the international citizen who intends to relocate to the U.S. This is described as petitioning. Suppose everything goes as planned with the petition. In that case, another stage is often when the international citizen applies for an immigrant visa at the United States consulate overseas or a change of status to legal permanent resident status in the United States. This article will guide you through the various United States immigrant visa kinds and offer step-by-step directions on making an application for them.

Difference Between United States Immigrant and Nonimmigrant Visas

The difference between immigrant and nonimmigrant visas lies in their names. Nonimmigrant visas are issued to international nationals who will stay in the United States on temporary grounds. Nonimmigrant visas are those for tourist visits and student visas for international students learning at United States institutions. On the contrary, immigrant visas are issued to global citizens seeking to stay in the United States for a long time, often on permanent grounds. There is a restricted number of immigrant visas obtainable annually. An immigrant visa is also described as a Green Card. Individuals who own green cards are legal permanent residents of the United States. After staying in P.R. status for 3-5 years, they can apply to become United States citizens. While a lot of other people make applications for nonimmigrant visas annually, this article will concentrate on immigrant visas and investigate some of the various routes individuals take to become legal United States permanent residents and United States Citizens.

The United States Immigrant Visa Types

Under United States immigration law, many routes exist to obtain a long-term United States Immigrant Visa. For instance, you can get a Green Card via a close relative or a United States employer, after a humanitarian situation, or via the diversity lottery procedures.

Family-Based Immigrant Visas

This is one of the most famous United States immigrant visas. International citizens can make applications to obtain immigration status as P.R. of the United States via close family members such as spouses, parents, siblings, and kids, who are maybe green card holders or United States nationals.

United States nationals and P.R. can make applications for a Green Card for their partners, biological or adoptive guardians, or kids. As green card holders, immigrants can reside and legally get employed in the U.S. They also have the prospects to become United States nationals if they stay in lawful status for three to five years.

Employment-Based Immigrant Visas

United States immigration policy makes it feasible for some highly experienced International citizens to reside in the United States while working for United States employers. Temporary and permanent work visas are obtainable for international citizens. Professional global citizens can apply for at least 20 temporary work visas. Most of these visas have to do with H-1B visas for international employees in the United States specialty careers, H-2B visas for non-agricultural workers to do seasonal, one-time employment, L-1 visas for workers of multinational firms who are on transfer to a United States office branch, R-1 visas issued for religious workers, and P visas for individuals working in sports, entertainment, and arts: United States Citizenship and Immigration Service issues out only 65,000 H-1B visas annually. The United States Congress places this H-1B visa cap.

Global employees with temporary work visas, such as H-1 and L-1, can finally apply for a green card. This kind of Green Card is employment-based, and the employer must present an immigrant plea on their behalf.

Humanitarian Immigrant Visas

According to humanitarian motives, individuals can also become United States permanent residents and nationals. Individuals who exit their home nations for fear of persecution can seek asylum or refugee status in the United States. While awaiting a judgment on their asylum request, asylum seekers are permitted to apply for a work permit to assist them in sponsoring themselves in the United States.

International citizens in refugee and asylum seeker status may make applications to become United States legal permanent residents or green card holders via a procedure described as an adjustment of status. At a time in permanent resident status, asylees can also make applications for Green Cards for any close family members who may have run away to the United States with them. Like other green card holders, they can finally become United States nationals by naturalization.

Diversity Lottery Immigrant Visas

Annually, the United States Department of State handles a diversity lottery for immigrant visas, famously described as the Green Card Lottery. 50,000 individuals obtain diversity lottery visas annually out of 12 million applicants. The United States Visas provided in the lottery are obtainable to individuals from nations that forwarded fewer than 50,000 immigrants to the United States in the last five years. International citizens must have completed high school or its equivalent, such as a GED, or have operated in a profession requiring apprenticeship for at least 24 months to be eligible for the diversity lottery. Their family members can obtain status from them also.

Longtime Resident Green Cards

Specific International citizens who have resided in the United States for a long time may be eligible to make an application for a green card and start their official lawful procedures of becoming United States immigrants. Not all International citizens residing in the United States can apply for the longtime resident Green card. Only individuals who have been physically available in the United States, maybe legally or illegally, since 1 January 1976 and have not vacated the United States since are qualified to make an application for longtime resident Green Cards.

Other United States Immigrant Visas

Above the immigrant visa classifications we have examined, the United States administration also allocates other kinds of immigrant visas annually. There are Green Cards placed aside for individuals regarded as special immigrants. The DHS considers individuals such as religious employees, entertainment individuals, media specialists, and Iraqi and Afghanistan citizens who have helped the United States administration to be special immigrants. Also, there are green cards placed in some situations for individuals from Mexico and Canada—neighboring nations to America. You can understand more concerning these other kinds of United States immigrant visas on the United States Citizenship and Immigration Service.

Requirements for a Green Card

The conditions for a green card are particular to the kind of Green Card you are applying for. For example, employment-based Green Card and Family-based Green Cards possess various provisions. Hence, two procedures cut over the different Green Card kinds: the immigration medical test and a criminal setting review.

During the immigration medical test, a United States Citizenship and Immigration Service qualified physician will perform a sequence of health exams to verify that you are in excellent health and can enter the United States. Furthermore, the United States Citizenship and Immigration Service performs a criminal setting review as an aspect of the immigration system’s procedures to ensure that they do not accept a public security and federal security danger into the United States.

Family-Based Green Cards

To be eligible for a family-based green card, you have to be a close family member of a United States national or a United States legal P.R. The period you will be required to wait to receive your Green Card will be based on whether you are closely related to a national or green card holder. Individuals who are close relatives of United States nationals can make an application for their Green card instantly. In this case, close relatives are described as the partners or widows of United States nationals, parents of United States nationals, and unmarried kids below 21 years old.

Individuals making applications for the Green Card via a Green Card holder or a United States citizen’s family member they are not immediately related to are described as family preference candidates. A restricted number of family preference green cards are obtainable annually; therefore, family preference candidates must wait in line to make an application. There exist four primary preference classifications:

• 1st preference (F1) includes unmarried children 21 years and above whose parents are United States nationals.
• 2nd preference (F2A and F2B) includes green card holders, partners, and unmarried children.
• 3rd preference (F3) includes married children of United States citizens
• 4th preference (F4) includes people aged 21 and above who are United States citizens.

The preference classification you are part of specifies the duration you will be required to wait to make an application. When it comes to the family-based Green Cards, the supporter, which is a United States PR or national that you are making an application through, is required to present an affidavit of sponsor on your behalf. The affidavit is the United States Citizenship and Immigration Service’s pattern of ensuring you have access to a monetary sponsor once you arrive in the United States.

Humanitarian-Based Green Cards

Regarding humanitarian-based green cards such as the asylum green card, there are four primary conditions to apply.

• First, you must go ahead to be eligible as a refugee under the United States immigration law. This implies that the complex condition you ran away from in your home nation must have existed. If the situation has changed for the good, and you can safely return and settle in your home nation, this influences your qualification for the green card.
• Secondly, you are not required to settle again in another nation. Resettlement implies that you have obtained a request for permanent residence in another country, which is neither your home nation nor the United States. If you strongly resettle in a different nation after obtaining United States asylum, you will not be eligible for a green card.
• You must have been physically available in the United States for at least one year to apply for a Green card as an asylum. United States Citizenship and Immigration Service counts physical availability in the United States as just the period you spent in the United States since you obtained asylum. Any period you spend outside the United States after securing asylum will not be counted. Once the United States Citizenship and Immigration Service approves your asylum, you must compile at least one year spent in the United States before you can apply for a green card.
• Lastly, you are required to be acceptable to the United States. The United States Citizenship and Immigration Service has published a list of unacceptable conditions that will make it inconceivable for you to make an application for a green card. This has to do with health cases, criminal records, and more. None of these unacceptable cases should have to do with you for one to be acceptable.

Employment-Based Green Cards

Regarding employment-based green cards, you are commonly required to indicate that you are highly experienced and skilled in your area of work or be supported by an employer who can testify to your experience and talents. Also, there are more provisions based on which of the following five classifications of employment-based Green Cards you can make an application for.

• 1st preference (EB-1): this class protects educational students, administrators of multinational firms, and individuals with country-identified and foreign-acclaimed unique skills that fall under this class. It is usually complicated to ascertain that your experience and abilities have earned you fame worldwide; therefore, it is an excellent notion to consult an attorney to direct you through applying under this classification.
• 2nd Preference (EB-2): this classification is described to individuals with advanced programs, individuals whose jobs are in the United States citizen’s interest, and individuals with unique capacities in the arts, business, or science. Your employer must sponsor your green card application in this class. Also, your employer must ascertain with a labor license that you cannot be substituted at your job by an American employee due to your experience level.
• 3rd preference (EB-3): this classification protects three parties, which comprises unskilled employees in employment demanding less than 24 months of prior skills, skilled employees with a minimum of 24 months of work skills or internship, and specialists in jobs requiring a minimum of United States bachelors or its equivalent. For this classification, your employer must sponsor your request and offer a labor license to verify that it cannot find other eligible employees in the United States to take on your position.
• 4th preference (EB-4): this classification is applied to special immigrants such as religious employees and religious individuals. You will require your employer to support you for this green card classification.
• 5th preference (EB-5): This is for individuals who intend to invest a minimum of $500,000 into creating employment for individuals in the U.S.

The Cost of Immigrating to the United States

The expense of relocating to the United States is based vastly on the kind of Green Card you are making an application for and where you are presenting your United States immigrant visa request from either inside the United States, which is a change of status, or outside of the United States which is consular processing. The United States Administration obtains filing fees for the various application forms attached to your green card.

Commonly, when it comes to family-based green cards, you will be required to make a payment of about $1,760 for chaste of status situations, which are cases filed from inside the United States, and approximately $1,400 for consular processing situations, which are cases filed from outside the United States.

Humanitarian green cards for asylees and refugees pay about $1,140 to $1,225. These payments are often updated, and you can review the United States Citizenship and Immigration Service fee schedule for the recent up-to-date details concerning application fees.

Steps to Submit an Immigrant Visa Application

The procedure of your application for a green card will vary based on where you are making the application. Suppose you are applying for a green card while living in the United States. In that case, your green card application will be presented via a procedure described as “Adjustment of Status.” If you are making an application for a green card from outside of the United States, your application will be presented via consular processing. Commonly, the application for both processes takes on these steps:

Step one: Petitioner Files Application

The procedure starts with the petitioner filing a request on behalf of the Green Card candidate. At this stage, your green card sponsor presents forms and accompanying documents to ensure they have a family-founded or employment-founded relationship with you. Regarding family-founded green cards, your sponsor will submit Form I-130 and employment-founded green cards will have your employer present Form I-140.

Step two: USCIS Reviews Application

After the United States Citizenship and Immigration Service checks and authorizes your green card sponsor’s plea, you can present your green card application. Your request will be filed on Form I-485 with USCIS if you are making an application living in the United States. If you’re making an application from outside the United States, you will file your application on Form DS-260 with the State Department. Furthermore, for family-founded green cards, your supporter must commit to sponsoring you financially by presenting Form I-864.

Step three: USCIS Books Biometric Appointment

After the United States Citizenship and Immigration Service obtains your request, they will book a biometric service meeting for you. USCIS will get your biometric details during the session, such as your passport photograph and fingerprint. They will perform a criminal setting review with your biometric information to make sure that you will not turn out to be a public threat if you become an immigrant.

Step four: In-Person Interview

This is an integral part of the immigration procedure. It is an in-person interview, and this occurs at a local United States Citizenship and Immigration Service office if you make an application in the United States or at a United States consulate near your international address if you make an application from overseas. The National Visa Center takes care of all consular requests. During the interview, the official interview will verify that any details presented by you are correct and that you are qualified for the Green Card. You may be required to attend the interview with your sponsor in most situations.

Step five: Obtain a Conclusion on the application

You will obtain a conclusion on your Green Card request at your interview or immediately after. If the United States Citizenship and Immigration Service authorizes your bid, you will get your Green Card application in the mail two to three weeks later.

What Happens After Submitting an Immigrant Visa Application

If everything goes better, the United States Citizenship and Immigration Service has authorized your green card request. Then congratulations all the way. You are now a legal P.R. of the U.S. and are not permitted to settle down and get employed in the United States permanently. You will receive your physical green card in the mail two or three weeks after receiving your application conclusion from the United States Citizenship and Immigration Service.