Lawyers911.com is a source of information about U.S Visa policy and procedures related to American immigration Visas and Petitions.
Permanent Resident (Green Card)
A “Green Card” gives you official immigration status (Lawful Permanent Residency) in the United States. A “Green Card” gives you official immigration status (Lawful Permanent Residency) in the United States.
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant.
In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States.
If you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
Immigration through a Family Member
Overview and Process
If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
1. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
2. The Deparment of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State’s Visa Bulletin.
3. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.
EligibilityIn order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:• They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.• They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of SupportThe relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.• If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
o Husband or wifeo Unmarried child under 21 years of ageo Unmarried son or daughter over 21o Married son or daughter of any ageo Brother or sister, if the sponsor is at least 21 years old, oro Parent, if the sponsor is at least 21 years old.
• If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:o Husband or wife, oro Unmarried son or daughter of any age.In any case, the sponsor must be able to provide proof of the relationship
Immigration through Employment
An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
• First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS’ paths to lawful permanent residency.
• Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor’s Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
• Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
• Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State’s Visa Bulletin.
• Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.
There are four categories for granting permanent residence to foreign nationals based upon employment:
EB-1 Priority workers• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics• Foreign national that are outstanding professors or researchers• Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability• Foreign nationals of exceptional ability in the sciences, arts or business• Foreign nationals that are advanced degree professionals• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.
EB-3 Skilled or professional workers• Foreign national professionals with bachelor’s degrees (not qualifying for a higher preference category)• Foreign national skilled workers (minimum two years training and experience)• Foreign national unskilled workers
EB-4 Special Immigrants• Foreign national religious workers• Employees and former employees of the U.S. Government abroad
Information Source: U.S. State Department
- Green Card Marriage
- Permanent Residence
- Family Petitions
- Fiance(e) K-1 Visa
- Work Permits
- Asylum Waivers
- Deportation and Removal
ABOGADOS de INMIGRACION:
- Residencia Permanente
- Aplicaciones de la familia
- Visa de Trabajo
- Adjustes de Estado
- Visa de Novios
- Defensas Criminal y Administrativa
A visa allows you to travel to the United States as far as the port of entry (airport or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.
Visas: Immigrant / Nonimmigrant
Immigrant Visas are for people who intend to live permanently in the U.S. Nonimmigrant visas are for people with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis – for tourism, medical treatment, business, temporary work or study.
Immigrants to the U.S.
Immigrating to the United States to live here permanently is an important, and complex decision. This section provides information to help foreign citizens desiring to permanently immigrate to determine the visas, requirements, and related materials they will need to apply to immigrate to the United States. For information on who can immigrate to the U.S., click on Visa Types for Immigrants . Click on the links below for information on visa forms, the Affidavit of Support, other requirements, and related materials for immigrants.
Effective March 20, 2007, consular posts abroad are again authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts, U.S. service members, emergency cases involving life and death or health and safety considerations, and others determined to be in the national interest. See announcement about consular offices abroad accepting I-130 immigrant visa petitions.
Immigrant Visa Processing – The National Visa Center (NVC)
After the immigrant petition has been approved by U.S. Citizenship and Immigration Services (USCIS), the petition is forwarded to the National Visa Center (NVC) for processing . NVC plays an important role in the next steps of the U.S. immigration process. NVC provides instructions to petitioners and sponsors, and receives from sponsors, the required Affidavit of Support forms, fees, other required documents, and much more. For numerically limited family preference petitions, NVC contacts the petitioner once the petition’s immigration wait nears end, and the priority date is about to come current .
Learn more about the Affidavit of Support information and the National Visa Center .
See Visa Information for Immigrants for more information about the Visa Bulletin, required vaccinations, DNA testing and more.
Nonimmigrant Visas are for international travelers, (citizens of other countries), coming to the U.S. temporarily. This visa allows you to travel to a U.S. port-of-entry (airport, for example) and request permission of the Department of Homeland Security immigration inspector to enter the U.S. A visa does not guarantee entry into the United States.
International travelers come to the U.S. for a wide variety of reasons, including tourism, business, medical treatment and certain types of temporary work. The type of visa needed is defined by immigration law, and relates to the principal purpose of your travel. While in the U.S., temporary visitors are restricted to the activity or reason for which their nonimmigrant visa was issued, with few exceptions. For an overview of the types of nonimmigrant visas available under immigration law, please see Nonimmigrant Visa Classifications on the USCIS website. The Consular Officer at your embassy or consulate will decide what kind of visa you need, when you apply.
Advance planning can smooth the visa application process for you.
Apply for your Visa well in advance of your travel!
Important steps to remember:
- Review your visa status, and find out if you need a U.S. visa or a renewal.
- Review the visa wait times information for interview appointments and visa processing at each embassy and consular section worldwide available on our website at Visa Wait Times. Visit the embassy or consular section website where you will apply for your visa to find out how to schedule an interview appointment, pay fees and any other instructions.
- Plan on an interview at the embassy or consulate, which is required for most visa applicants. As part of the visa interview, a quick fingerprint scan should be expected. Applicants who need additional screening are informed during the application process.
Information Source: U.S. Citizenship and Immigration Service